HomeMy WebLinkAbout2025-12-09 Work Session & Regular Meeting Packet
AGENDA
City Council Work Session
Tuesday, December 9, 2025 @ 5:30 PM
Anna Municipal Complex - Council Chambers
120 W. 7th Street, Anna, Texas 75409
The City Council of the City of Anna will meet in a Closed Session on Tuesday, December 9,
2025, at 5:30 PM, in the Anna Municipal Complex – Council Chambers, located at 120 W. 7th
Street, to consider the following items.
1. Call to Order, Roll Call, and Establishment of Quorum.
2. Closed Session (Exceptions).
Under Tex. Gov't Code Chapter 551, the City Council may enter into Closed Session to
discuss any items listed or referenced on this Agenda under the following exceptions:
a. Consult with legal counsel regarding pending or contemplated litigation and/or
on matters in which the duty of the attorney to the governmental body under the
Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas
clearly conflicts with Chapter 551 of the Government Code (Tex. Gov’t Code
§551.071). Potential regulations on council-branded apparel. Council
Communication Policies.
b. Discuss or deliberate the purchase, exchange, lease, or value of real property
(Tex. Gov’t Code §551.072).
c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or
deliberate regarding commercial or financial information that the City has
received from a business prospect that the City seeks to have locate, stay, or
expand in or near the territory of the City of Anna and with which the City is
conducting economic development negotiations; or (2) To deliberate the offer of
a financial or other incentive to a business prospect described by subdivision
(1). (Tex. Gov’t Code §551.087).
d. Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074). City
Manager, City Council.
The Council further reserves the right to enter into Executive Session at any time
throughout any duly noticed meeting under any applicable exception to the Open
Meetings Act.
3. Consider/Discuss/Action on any items listed on any agenda - work session, regular
meeting, or closed session - that is duly posted by the City of Anna for any City Council
meeting occurring on the same date as the meeting noticed in this agenda.
4. Adjourn.
This is to certify that I, Carrie L. Land, City Secretary, posted this Agenda on the City’s Website
(www.annatexas.gov) and at the Anna Municipal Complex bulletin board at or before 5:00 p.m.
on 12/03/2025.
1. The Council may vote and/or act upon each of the items listed on this Agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed on this Agenda,
whenever it is considered necessary and legally justified under the Open Meetings Act.
3. In accordance with the Americans with Disabilities Act, it is the policy of the City of Anna to offer its public programs,
services, and meetings in a manner that is readily accessible to everyone, including individuals with disabilities. If you
are a person with a disability and require information or materials in an appropriate alternative format, or if you
require any other accommodation, please contact the ADA Coordinator at least 48 working hours in advance of the
event by emailing adacompliance@annatexas.gov. Advance notification within this guideline will enable the City to
make reasonable arrangements to ensure accessibility.
AGENDA
City Council Meeting
Tuesday, December 9, 2025 @ 6:00 PM
Anna Municipal Complex - Council Chambers
120 W. 7th Street, Anna, Texas 75409
The City Council of the City of Anna will meet on Tuesday, December 9, 2025, at 6:00 PM, in
the Anna Municipal Complex – Council Chambers, located at 120 W. 7th Street, to consider the
following items.
Welcome to the City Council meeting. If you wish to speak on an Open Session agenda
item, please fill out the Opinion/Speaker Registration Form and turn it in to the City
Secretary before the meeting starts.
1. Call to Order, Roll Call, and Establishment of Quorum.
2. Invocation and Pledge of Allegiance.
American Pledge: I pledge allegiance to the flag of the United States of America, and to
the republic for which it stands, one nation under God, indivisible and justice for all.
Texas Pledge: Honor the Texas flag; I pledge allegiance to thee, Texas, one state under
God, one and indivisible.
3. Neighbor Comments.
At this time, any person may address the City Council regarding an item on this meeting
Agenda that is not scheduled for public hearing. Also, at this time, any person may address
the City Council regarding an item that is not on this meeting Agenda. Each person will be
allowed up to three (3) minutes to speak. No discussion or action may be taken at this
meeting on items not listed on this Agenda, other than to make statements of specific
information in response to a citizen's inquiry or to recite existing policy in response to the
inquiry.
4. Reports.
Receive reports from Staff or the City Council about items of community interest.
Items of community interest include: expression of thanks, congratulations, or condolence;
information regarding holiday schedules; an honorary or salutary recognition of a public
official, public employee, or other citizen (but not including a change in status of a person's
public office or public employment); a reminder about an upcoming event organized or
sponsored by the governing body; information regarding a social, ceremonial, or community
event organized or sponsored by an entity other than the governing body that was attended
or is scheduled to be attended by a member of the governing body or an official or
employee of the municipality; and announcements involving an imminent threat to the public
health and safety of people in the municipality that has arisen after the posting of the
Agenda.
5. Work Session. a. Presentation on WhitegloveAI (City Council)
b. Discussion on establishing a multidisciplinary working focus group to coordinate
efforts on downtown zoning updates, development of design/illustration
guidelines, and evaluation of a potential downtown historic district. (Director of
Development Services Kaleb Kentner)
6. Consent Items.
These items consist of non-controversial or "housekeeping" items required by law.
Items may be considered individually by any Council Member making such request prior to
a motion and vote on the Consent Items.
a. Approve City Council Meeting Minutes for November 12, 2025, November 17,
2025, and December 1, 2025. (City Secretary Carrie Land)
b. Review Minutes of the October 2, 2025, Joint Community Development
Corporation and Economic Development Corporation Board Meeting. (Director
of Economic Development Joey Grisham)
c. Approve a Resolution regarding a requested waiver for Wedge Stone Drive in
Meadow Vista, Phase 4. (Planning Manager, Lauren Mecke)
d. Approve the Quarterly Investment Report for the Period Ending September 30,
2025. (Director of Finance Terri Doby)
e. Approve an Ordinance granting to Oncor Electric Delivery Company LLC, its
successors and assigns, an electric power franchise to use the present and
future streets, alleys, highways, public utility easements, and public rights-of-
way of the City of Anna, Texas. (Director of Finance Terri Doby) f. Approve a Resolution to approve a Joinder and Amendment to the Economic
Development Incentive Agreement between Anna Economic Development
Corporation, Foursquare Healthcare, LTD., and Anna RE Development, LLC.
(Assistant Director of Economic Development Natasha Roach) g. Approve a Resolution authorizing the Acting City Manager to execute a
professional service agreement with Kimley-Horn for Water, Wastewater and
Roadway Master Plan Updates and XAK-PACK Pump Testing. (City Engineer
Kevin Bates, P.E.)
h. Approve a Resolution for an extension of the Agreement with Collin County for
Animal Control Sheltering. (Director of Neighborhood Services Kevin Martin)
i. Approve an Ordinance designating the official newspaper as the Celina
Record/Star Local Media for publishing ordinances, notices, or other matters
required by law or ordinance. (City Secretary Carrie Land)
7. Items For Individual Consideration and Public Hearings.
At the time and place of any public hearing held during this meeting, all persons who desire
will have an opportunity to be heard in opposition to or in favor of the ordinance, application,
or other proposed item. a. [WITHDRAWN] Conduct a public hearing/consider/discuss/action on an
Ordinance (Parks at Foster Crossing) (Planning Manager Lauren Mecke) b. First Reading of a Resolution approving an amendment to a project of the Anna
Community Development Corporation authorizing an expenditure not to exceed
$128,904 for the demolition of structures which are located on the downtown
CDC-owned properties. (Assistant Director of Economic Development Natasha
Roach)
c. Second Reading of a Resolution approving an amendment to a project of the
Anna Community Development Corporation authorizing an expenditure not to
exceed $128,904 for the demolition of structures which are located on the
downtown CDC-owned properties. (Assistant Director of Economic
Development Natasha Roach)
d. Consider/Discuss/Action on a Resolution approving an amendment to an Anna
Community Development Corporation agreement and authorizing an
expenditure not to exceed $128,904 for the demolition of structures which are
located on the downtown CDC-owned properties. (Assistant Director of
Economic Development Natasha Roach)
e. First Reading of a Resolution approving a project of the Anna Community
Development Corporation authorizing an expenditure not to exceed $154,400
for contract service purposes subject to CDC Board approval. (Assistant
Director of Economic Development Natasha Roach) f. Second Reading of a Resolution approving a project of the Anna Community
Development Corporation authorizing an expenditure not to exceed $154,400
for contract service purposes subject to CDC Board approval. (Assistant
Director of Economic Development Natasha Roach) g. Consider/Discuss/Action on a Resolution approving an agreement between the
Anna Community Development Corporation and Toole Design Group, LLC and
authorizing an expenditure not to exceed $154,400 for contract service
purposes subject to CDC Board approval. (Assistant Director of Economic
Development Natasha Roach) h. Conduct a Public Hearing regarding the creation of Liberty Hills Public
Improvement District No. 2 pursuant to Section 372.009, Texas Local
Government Code and Consider/Discuss/Action a resolution approving the
creation of the Liberty Hills Public Improvement District No. 2 and Ordering
Public Improvements to be made for the benefit of such District; providing for a
severability clause; providing an effective date; and containing other matters
relating to the subject. (Director of Economic Development Joey Grisham)
i. Conduct a Public Hearing regarding the creation of Liberty Hills Public
Improvement District No. 3 pursuant to Section 372.009, Texas Local
Government Code and Consider/Discuss/Action on a resolution approving the
creation of the Liberty Hills Public Improvement District No. 3 and Ordering
Public Improvements to be made for the benefit of such District; providing for a
severability clause; providing an effective date; and containing other matters
relating to the subject. (Director of Economic Development Joey Grisham)
j. First Reading of a Resolution approving a loan agreement between the Anna
Community Development Corporation and Government Capital Corporation to
finance land acquisition. (Director of Economic Development Joey Grisham)
k. Second Reading of a Resolution approving a loan agreement between the Anna
Community Development Corporation and Government Capital Corporation to
finance land acquisition. (Director of Economic Development Joey Grisham) l. Consider/Discuss/Action on a Resolution approving a loan agreement between
the Anna Community Development Corporation and Government Capital
Corporation to finance land acquisition. (Director of Economic Development
Joey Grisham)
m. Conduct a Public Hearing and Consider/Discuss/Action on an Ordinance of the
City Council of the City of Anna, Texas, designating a geographic area located
within the corporate limits and extraterritorial jurisdiction of the City as a Tax
Increment Reinvestment Zone pursuant to Chapter 311 of the Texas Tax Code,
to be known as Reinvestment Zone Number Seven, City of Anna, Texas;
describing the boundaries of the zone; creating a Board of Directors for the
zone and appointing members of the board; establishing a Tax Increment Fund
(TIRZ No. 7 Fund) for the zone, containing findings related to the creation of the
zone; providing a date for the termination of the zone; providing that the zone
take effect immediately upon passage of the ordinance; providing a severability
clause; and providing an effective date. (Director of Economic Development
Joey Grisham)
n. Conduct a Public Hearing and Consider/Discuss/Action on an Ordinance of the
City Council of the City of Anna, Texas, designating a geographic area located
within the corporate limits and extraterritorial jurisdiction of the City as a Tax
Increment Reinvestment Zone pursuant to Chapter 311 of the Texas Tax Code,
to be known as Reinvestment Zone Number Eight, City of Anna, Texas;
describing the boundaries of the zone; creating a Board of Directors for the
zone and appointing members of the board; establishing a Tax Increment Fund
(TIRZ No. 8 Fund) for the zone, containing findings related to the creation of the
zone; providing a date for the termination of the zone; providing that the zone
take effect immediately upon passage of the ordinance; providing a severability
clause; and providing an effective date. (Director of Economic Development
Joey Grisham)
o. Conduct a Public Hearing and Consider/Discuss/Action on an Ordinance of the
City Council of the City of Anna, Texas, designating a geographic area located
within the corporate limits of the City as a Tax Increment Reinvestment Zone
pursuant to Chapter 311 of the Texas Tax Code, to be known as Reinvestment
Zone Number Nine, City of Anna, Texas; describing the boundaries of the zone;
creating a Board of Directors for the zone and appointing members of the
board; establishing a Tax Increment Fund (TIRZ No. 9 Fund) for the zone,
containing findings related to the creation of the zone; providing a date for the
termination of the zone; providing that the zone take effect immediately upon
passage of the ordinance; providing a severability clause; and providing an
effective date. (Director of Economic Development Joey Grisham) p. First Reading of a Resolution approving a project of the Anna Community
Development Corporation to acquire property including entering into a purchase
and sale contract to acquire property near the intersection of Powell Pkwy. and
FM 455,and a leaseback for the property. (Director of Economic Development
Joey Grisham)
q. Second reading of a Resolution approving a project of the Anna Community
Development Corporation to acquire property including entering into a purchase
and sale contract to acquire property near the intersection of Powell Pkwy. and
FM 455,and a leaseback for the property (Director of Economic Development
Joey Grisham)
r. Consider/Discuss/Action on a Resolution approving a project of the Anna
Community Development Corporation to acquire property including entering into
a purchase and sale contract to acquire property near the intersection of Powell
Pkwy. and FM 455, and with a leaseback for property. (Director of Economic
Development Joey Grisham)
s. Consider/Discuss/Action on a Resolution approving a project of the Anna
Economic Development Corporation including entering into a Purchase and
Sale Contract to acquire property near the intersection of Hackberry Drive and
N. Powell Pkwy. (Assistant Director of Economic Development Natasha Roach) t. Consider/Discuss/Action on a Resolution approving a Development Agreement
with VC Liberty Hills, LLC. (Director of Economic Development Joey Grisham)
u. Consider/Discuss/Action on a Resolution approving an Economic Development
Agreement with VC Liberty Hills, LLC. (Director of Economic Development Joey
Grisham) v. Consider/Discuss/Action on a Resolution casting votes for the Collin CAD Board
of Directors. (City Secretary Carrie Land)
w. Consider/Discuss/Action on appointments to Boards and Commissions
(Interview Committee)
x. Consider/Discuss/Action on the Mayor's Office at the Municipal Complex.
(Councilmember Singh)
8. Closed Session (Exceptions).
Under Tex. Gov't Code Chapter 551, the City Council may enter into Closed Session to
discuss any items listed or referenced on this Agenda under the following exceptions:
a. Consult with legal counsel regarding pending or contemplated litigation and/or
on matters in which the duty of the attorney to the governmental body under the
Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas
clearly conflicts with Chapter 551 of the Government Code (Tex. Gov’t Code
§551.071). Potential regulations on council-branded apparel. Council
Communication Policies.
b. Discuss or deliberate the purchase, exchange, lease, or value of real property
(Tex. Gov’t Code §551.072).
c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or
deliberate regarding commercial or financial information that the City has
received from a business prospect that the City seeks to have locate, stay, or
expand in or near the territory of the City of Anna and with which the City is
conducting economic development negotiations; or (2) To deliberate the offer of
a financial or other incentive to a business prospect described by subdivision
(1). (Tex. Gov’t Code §551.087).
d. Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074). City
Manager, City Council
The Council further reserves the right to enter into Executive Session at any time
throughout any duly noticed meeting under any applicable exception to the Open
Meetings Act.
9. Consider/Discuss/Action on any items listed on any agenda - work session, regular
meeting, or closed session - that is duly posted by the City of Anna for any City Council
meeting occurring on the same date as the meeting noticed in this agenda.
10. Adjourn.
This is to certify that I, Carrie L Land, City Secretary, posted this Agenda on the City’s website
(www.annatexas.gov) and at the Anna Municipal Complex bulletin board at or before 5:00 p.m.
on 12/03/2025.
Carrie L. Land, City Secretary
1. The Council may vote and/or act upon each of the items listed in this Agenda. Notwithstanding the foregoing
or any other statement in this Agenda, the Council shall not take action on any item until after providing an
opportunity for public testimony under the "Neighbor Comments" item or after any public hearing held under
applicable law.
2. The Council reserves the right to retire into closed executive session concerning any of the items listed on
this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act.
3. In accordance with the Americans with Disabilities Act, it is the policy of the City of Anna to offer its public
programs, services, and meetings in a manner that is readily accessible to everyone, including individuals
with disabilities. If you are a person with a disability and require information or materials in an appropriate
alternative format, or if you require any other accommodation, please contact the ADA Coordinator at least
48 working hours in advance of the event by emailing adacompliance@annatexas.gov. Advance notification
within this guideline will enable the City to make reasonable arrangements to ensure accessibility.
Item No. 5.a.
City Council Agenda
Staff Report
Meeting Date: 12/9/2025
Staff Contact:
AGENDA ITEM:
Presentation on WhitegloveAI (City Council)
SUMMARY:
FINANCIAL IMPACT:
BACKGROUND:
STRATEGIC CONNECTIONS:
ATTACHMENTS:
Item No. 5.b.
City Council Agenda
Staff Report
Meeting Date: 12/9/2025
Staff Contact:
AGENDA ITEM:
Discussion on establishing a multidisciplinary working focus group to coordinate efforts
on downtown zoning updates, development of design/illustration guidelines, and
evaluation of a potential downtown historic district. (Director of Development Services
Kaleb Kentner)
SUMMARY:
FINANCIAL IMPACT:
BACKGROUND:
STRATEGIC CONNECTIONS:
ATTACHMENTS:
Item No. 6.a.
City Council Agenda
Staff Report
Meeting Date: 12/9/2025
Staff Contact:
AGENDA ITEM:
Approve City Council Meeting Minutes for November 12, 2025, November 17, 2025,
and December 1, 2025. (City Secretary Carrie Land)
SUMMARY:
FINANCIAL IMPACT:
BACKGROUND:
STRATEGIC CONNECTIONS:
ATTACHMENTS:
1. 2025-11-12 Closed Session Minutes
2. 2025-11-17 Joint Meeting Minutes
3. 2025-12-01 Closed Session Minutes
City Council Work Session
Meeting Minutes
Wednesday, November 12, 2025 @ 5:30 PM
Anna Municipal Complex - Council Conference Room
120 W. 7th Street, Anna, Texas 75409
The City Council of the City of Anna met in a Closed Session on Wednesday, November 12, 2025,
at 5:30 PM, in the Anna Municipal Complex – Council Conference Room, located at 120 W. 7th
Street, to consider the following items.
1. Call to Order, Roll Call, and Establishment of Quorum.
Mayor Cain called the meeting to order at 5:30 PM.
Members Present:
Mayor Pete Cain
Mayor Pro Tem Kevin Toten
Deputy Mayor Pro Tem Stan Carver II
Council Member Nathan Bryan
Council Member Kelly Herndon
Council Member Elden Baker
Council Member Manny Singh
Members Absent:
None
2. Closed Session (Exceptions).
a. Consult with legal counsel regarding pending or contemplated litigation and/or
on matters in which the duty of the attorney to the governmental body under
the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas
clearly conflicts with Chapter 551 of the Government Code (Tex. Gov’t Code
§551.071).
b. Discuss or deliberate the purchase, exchange, lease, or value of real property
(Tex. Gov’t Code §551.072).
c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or
deliberate regarding commercial or financial information that the City has
received from a business prospect that the City seeks to have locate, stay, or
expand in or near the territory of the City of Anna and with which the City is
conducting economic development negotiations; or (2) To deliberate the offer
of a financial or other incentive to a business prospect described by subdivision
(1). (Tex. Gov’t Code §551.087).
d. Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074). City
Manager
MOTION: Council Member Baker moved to enter closed session. Council
Member Toten seconded. Motion carried 7-0.
Mayor Cain recessed the meeting at 5:30 PM.
Mayor Cain reconvened the meeting at 7:16 PM.
3. Consider/Discuss/Action on any items listed on any agenda - work session, regular
meeting, or closed session - that is duly posted by the City of Anna for any City Council
meeting occurring on the same date as the meeting noticed in this agenda.
No action taken.
4. Adjourn.
Mayor Cain adjourned the meeting at 7:16 PM.
APPROVED this 9th day of December 2025.
____________________________________
Mayor Pete Cain
ATTEST:
_______________________________
City Secretary Carrie L. Land
City Council and Parks Advisory Board
Joint Meeting Minutes
Monday, November 17, 2025 @ 5:30 PM
Anna Municipal Complex - Council Chambers
120 W. 7th Street, Anna, Texas 75409
The City Council and the Parks Advisory Board of the City of Anna met on Monday, November
17, 2025, at 5:30 PM, in the Anna Municipal Complex – Council Chambers, located at 120 W. 7th
Street, to consider the following items.
1. Call to Order, Roll Call, and Establishment of Quorum.
a. Mayor Cain to call the City Council Meeting to order.
Mayor Cain called the meeting to order at 5:30 PM.
Members Present:
Mayor Pete Cain
Mayor Pro Tem Kevin Toten
Deputy Mayor Pro Tem Stan Carver II
Council Member Nathan Bryan
Council Member Kelly Herndon
Council Member Elden Baker
Council Member Manny Singh
Members Absent:
None
b. Chair Susan Jones to call the Parks Advisory Board Meeting to order.
Chair Jones called the meeting to order at 5:30 PM.
Members Present:
Chair Susan Jones
Board Member David Colegrove
Board Member Nichole Hunt
Board Member Alastair Hunte
Board Member Kennon Weaver arrived at 6:00 PM.
Members Absent:
None
2. Invocation and Pledge of Allegiance.
Parks Board Member Hunte led the Invocation and Pledge of Allegiance.
3. Neighbor Comments.
No comments were given.
4. Reports.
a. A Proclamation declaring December 2025 as Staff Appreciation Month. (Mayor
Cain)
Mayor Cain read a Proclamation declaring the month of December as Staff
Appreciation Month and presented it to Acting City Manager Joey Grisham.
b. Neighbor Academy Graduate Recognition (Community Enhancement
Coordinator Olivia Demings)
The Mayor and Council recognized the following graduates of the 8th cohort of
the Neighbor Academy: Steven Boren, London Clifton, Joseph Denton, Susan
Easaw, Marty Ebert, Celestine Ford, Scott Gentry, Brian Jerome, Renee Hudson
Johnson, Cendra King-Bell, Reginal Leachman, Tim Perkins, Randy Sachs,
Sheri Sachs, Benjamin Smith, Heidi Toten, Deitra Walter, and Dwyke Williams.
5. Work Session.
a. Joint Meeting of City Council and Parks Advisory Board.
Inclusive Playground Trends and Amenities by Industry Professional (Mayor
Cain)
Ashlee Acosta and Nick Whisenhunt of Gametime and Cunningham Recreation
made a presentation on designs and ideas for possible inclusive playgrounds in
the City.
Discuss past, ongoing, and priorities of future Parks Capital Improvement
Projects. (Acting Director of Community Services Jeff Freeth)
Park Planning and Development Manager Dalan Walker presented a review of
the Park CIP projects, including completed, active, and upcoming park projects,
as well as financial information on the Parks Bond and Park Development Fund.
b. Chair Susan Jones to adjourn the Parks Advisory Board Meeting.
Chair Susan Jones adjourned the Parks Advisory Board meeting at 7:08 PM.
c. Five minute break.
Mayor Cain recessed the meeting at 7:09 PM.
Mayor Cain reconvened the meeting at 7:21 PM.
d. Discuss the Fire Department Update and Staffing Proposal (Fire Chief Ray Isom).
Fire Chief Ray Isom made a presentation on the fire department's progress and
suggested priorities as developed by fire command staff and in alignment with
the existing Standard of Cover and Master Plan documents. The original staffing
plan was re-visited and explained. Securing and maintaining a "plus staffing"
model as well as appropriate administrative support is the top priority to reduce
overtime and workload.
6. Consent Items.
Council member Herndon requested that item 6j be pulled.
Mayor Cain requested that item 6d be pulled.
Per the City Attorney's recommendation, item 6c was also pulled.
MOTION: Council Member Baker moved to approve Consent Items 6a. - 6b.- 6e
- 6i., 6k. - 6l. Council Member Herndon seconded. Motion carried 7 - 0.
a. Approve City Council Meeting Minutes for October 27, 2025. (City Secretary
Carrie Land)
b. Approve an Ordinance amending the budget for the 2025-2026 Fiscal Year.
(Director of Finance Terri Doby)
Under conditions which may arise and which could not reasonably have been
foreseen in the normal process of planning the budget, the City Council may, by
the affirmative vote of a majority of the full membership of the City Council,
amend or change the budget to provide for any additional expense in which the
general welfare of the citizenry is involved.
AN ORDINANCE AMENDING ORDINANCE NO. 1165-2025-09 ADOPTING
THE BUDGET FOR THE 2025-2026 FISCAL YEAR; PROVIDING FOR
SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR
AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
c. Acting as the Anna Public Facility Corporation, approve a First Amendment to
Trust Indenture, Loan Agreement, and Promissory Note for the Palladium East
Foster Crossing project. (Director of Economic Development Joey Grisham)
Cedar Rapids Bank and Trust, the permanent lender, has determined to assign
the bonds and all loan documents to the Federal Home Loan Mortgage
Corporation (the “Freddie Mac”). To permit the assignment to Freddie Mac,
certain amendments need to be made to the Indenture, Loan Agreement, and
the Note.
MOTION: Council Member Baker moved to approve. Council Member Bryan
seconded. Motion carried 6–1. Council Member Singh opposed.
d. Approve a Resolution setting a Public Hearing under Section 372.009 of the
Texas Local Government Code to be held on December 9, 2025, on the
advisability of the creation of a public improvement district and improvements
within the City of Anna, Texas, to be known as Liberty Hills Public Improvement
District No. 1 and authorizing the issuance of notice by the City Secretary of
Anna, Texas, regarding the Public Hearing. (Director of Economic Development
Joey Grisham)
The consultants for Liberty Hills Public Improvement District No. 1 requested that
the Council table this item.
MOTION: Council Member Singh moved to table. Council Member Baker
seconded. Motion carried 7 - 0.
e. Approve a Resolution setting a Public Hearing under Section 372.009 of the
Texas Local Government Code to be held on December 9, 2025, on the
advisability of the creation of a public improvement district and improvements
within the City of Anna, Texas and its Extraterritorial Jurisdiction, to be known as
Liberty Hills Public Improvement District No. 2 and authorizing the issuance of
notice by the City Secretary of Anna, Texas, regarding the Public
Hearing. (Director of Economic Development Joey Grisham)
This Resolution sets the Public Hearing for creating the Liberty Hills Public
Improvement District #2 for December 9, 2025, in accordance with the
Development Agreement.
A RESOLUTION SETTING A PUBLIC HEARING UNDER SECTION 372.009 OF
THE TEXAS LOCAL GOVERNMENT CODE TO BE HELD ON DECEMBER 9,
2025 ON THE ADVISABILITY OF THE CREATION OF A PUBLIC
IMPROVEMENT DISTRICT AND IMPROVEMENTS WITHIN THE CITY OF
ANNA, TEXAS AND ITS EXTRATERRITORIAL JURISDICTION, TO BE
KNOWN AS LIBERTY HILLS PUBLIC IMPROVEMENT DISTRICT NO. 2 AND
AUTHORIZING THE ISSUANCE OF NOTICE BY THE CITY SECRETARY OF
ANNA, TEXAS, REGARDING THE PUBLIC HEARING.
f. Approve a Resolution setting a Public Hearing under Section 372.009 of the
Texas Local Government Code to be held on December 9, 2025, on the
advisability of the creation of a public improvement district and improvements
within the City of Anna, Texas, to be known as Liberty Hills Public Improvement
District No. 3 and authorizing the issuance of notice by the City Secretary of
Anna, Texas, regarding the Public Hearing. (Director of Economic Development
Joey Grisham)
This Resolution sets the Public Hearing for the creation of Liberty Hills Public
Improvement District #3 in accordance with the Development Agreement.
A RESOLUTION SETTING A PUBLIC HEARING UNDER SECTION 372.009 OF
THE TEXAS LOCAL GOVERNMENT CODE TO BE HELD ON DECEMBER 9,
2025, ON THE ADVISABILITY OF THE CREATION OF A PUBLIC
IMPROVEMENT DISTRICT AND IMPROVEMENTS WITHIN THE CITY OF
ANNA, TEXAS, TO BE KNOWN AS LIBERTY HILLS PUBLIC IMPROVEMENT
DISTRICT NO. 3 AND AUTHORIZING THE ISSUANCE OF NOTICE BY THE
CITY SECRETARY OF ANNA, TEXAS, REGARDING THE PUBLIC HEARING.
g. Approve a Resolution setting a Public Hearing under Section 311.003 of the
Texas Tax Code for the creation of a Tax Increment Reinvestment Zone
containing approximately 1,477.61 acres of land generally located south of
County Road 290, north of Farm to Market 455, west of N. State Highway 5, east
of County Road 289, and being wholly located corporate limits and extraterritorial
jurisdiction of the City of Anna, Texas; authorizing the issuance of notice by the
City Secretary of Anna, Texas regarding the Public Hearing; and directing the
city to prepare a Preliminary Reinvestment Zone Financing Plan. (Director of
Economic Development Joey Grisham)
This Resolution sets a Public Hearing for the creation of a Tax Increment
Reinvestment Zone for the Liberty Hills Development as laid out in the
Development Agreement.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS,
SETTING A PUBLIC HEARING UNDER SECTION 311.003 OF THE TEXAS
TAX CODE FOR THE CREATION OF A TAX INCREMENT REINVESTMENT
ZONE CONTAINING APPROXIMATELY 1,477.61 ACRES OF LAND
GENERALLY LOCATED SOUTH OF COUNTY ROAD 290, NORTH OF FARM
TO MARKET 455, WEST OF N. STATE HIGHWAY 5, EAST OF COUNTY ROAD
289 AND BEING WHOLLY LOCATED WITHIN THE CORPORATE LIMITS AND
EXTRA TERRITORIAL JURISDICTION OF THE CITY OF ANNA, TEXAS;
AUTHORIZING THE ISSUANCE OF NOTICE BY THE CITY SECRETARY OF
THE CITY OF ANNA, TEXAS, REGARDING THE PUBLIC HEARING; AND
DIRECTING THE CITY OF ANNA, TEXAS TO PREPARE A PRELIMINARY
REINVESTMENT ZONE FINANCING PLAN.
h. Approve a Resolution setting a Public Hearing under Section 311.003 of the
Texas Tax Code for the creation of a Tax Increment Reinvestment Zone
containing approximately 808.23 acres of land generally located east of the East
Fork Trinity River, west of Hurricane Creek, and north of County Road 285, and
being wholly located within the corporate limits of the City of Anna, Texas;
authorizing the issuance of notice by the City Secretary of Anna, Texas regarding
the Public Hearing; and directing the city to prepare a Preliminary Reinvestment
Zone Financing Plan. (Director of Economic Development Joey Grisham)
This Resolution sets the Public Hearing for the creation of a Tax Increment
Reinvestment Zone for the Oak Ridge Development, as laid out in the
Development Agreement.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS,
SETTING A PUBLIC HEARING UNDER SECTION 311.003 OF THE TEXAS
TAX CODE FOR THE CREATION OF A TAX INCREMENT REINVESTMENT
ZONE CONTAINING APPROXIMATELY 808.23 ACRES OF LAND
GENERALLY LOCATED EAST OF THE EAST FORK TRINITY RIVER, WEST
OF HURRICANE CREEK, AND NORTH OF COUNTY ROAD 285 AND BEING
WHOLLY LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF
ANNA, TEXAS; AUTHORIZING THE ISSUANCE OF NOTICE BY THE CITY
SECRETARY OF THE CITY OF ANNA, TEXAS, REGARDING THE PUBLIC
HEARING; AND DIRECTING THE CITY OF ANNA, TEXAS TO PREPARE A
PRELIMINARY REINVESTMENT ZONE FINANCING PLAN.
i. Approve a Resolution setting a Public Hearing under Section 311.003 of the
Texas Tax Code for the creation of a Tax Increment Reinvestment Zone
containing approximately 1,127.655 acres of land generally located east of
Texas State Highway 5, north of Farm to Market 455, south of County Road 427,
west of County Road 511, and being wholly located within the corporate limits of
the City of Anna, Texas; authorizing the issuance of notice by the City Secretary
of Anna, Texas regarding the Public Hearing; and directing the city to prepare a
Preliminary Reinvestment Zone Financing Plan. (Director of Economic
Development Joey Grisham)
This resolution sets the Public Hearing for the creation of a Tax Increment
Reinvestment Zone for the Sherley Farms Development as laid out in the
Development Agreement.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS,
SETTING A PUBLIC HEARING UNDER SECTION 311.003 OF THE TEXAS
TAX CODE FOR THE CREATION OF A TAX INCREMENT REINVESTMENT
ZONE CONTAINING APPROXIMATELY 1,127.655 ACRES OF LAND
GENERALLY LOCATED EAST OF TEXAS STATE HIGHWAY 5, NORTH OF
FARM TO MARKET 455, SOUTH OF COUNTY ROAD 427, WEST OF COUNTY
ROAD 511 AND BEING WHOLLY LOCATED WITHIN THE CORPORATE
LIMITS OF THE CITY OF ANNA, TEXAS; AUTHORIZING THE ISSUANCE OF
NOTICE BY THE CITY SECRETARY OF THE CITY OF ANNA, TEXAS,
REGARDING THE PUBLIC HEARING; AND DIRECTING THE CITY OF ANNA,
TEXAS TO PREPARE A PRELIMINARY REINVESTMENT ZONE FINANCING
PLAN.
j. Approve a Resolution Amending the Park Development Fee Credit Agreement
with Jefferson Villages of Waters Creek for the Construction of a Trail Through
Carol Park. (Park Planning and Development Manager Dalan Walker)
This Amendment to the Park Development Fee (PDF) Credit Agreement provides
an additional $540,500 to build a 10' wide concrete hike and pike trail from just
south of White St through Carol Park to Persimmon Dr. Due to the delay in
construction of the trail primarily due to several design revisions necessitated by
difficult site constraints, the Developer has requested the City allow a Temporary
Certificate of Occupancy prior to the completion of the trial. A Certificate of
Occupancy for the last building will not be issued until the trail is complete.
MOTION: Council Member Herndon moved to approve. Council Member Toten
seconded. Motion carried 7–0.
A RESOLUTION OF THE CITY OF ANNA, TEXAS, APPROVING AN
AMENDMENT TO THE PARK DEVELOPMENT FEE CREDIT AGREEMENT
WITH JEFFERSON VILLAGES OF WATERS CREEK LLC TO DESIGN AND
CONSTRUCT A TRAIL THROUGH CAROL PARK AND THE JEFFERSON
VILLAGES OF WATERS CREEK DEVELOPMENT.
k. Approve amended/revised Resolution approving extension of Interlocal
Agreements with Collin County for Animal Control Services. (Code Compliance
Kevin Martin)
Extension of the Animal Control interlocal agreement with Collin County Animal
Control Services. The Extension of agreement for a one (1) year period, which
shall be in effect from October 1, 2025, continuing through and including
September 30, 2026.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING EXTENSION
OF THE AGREEMENTS WITH COLLIN COUNTY FOR ANIMAL CONTROL
SERVICES.
l. Approve a Resolution authorizing the City Manager to enter into a Real Estate
Sales Contract to buy roadway right-of-way and easements for sanitary sewer
force main construction. (Director of Public Works Joseph Cotton)
The City is requesting to obtain right-of-way and sanitary sewer easement from
Mr. and Mrs. Adams, being 1.546 acres of real property more or less, as shown
in the attached Exhibit A (the “Property”), which is part of a 4.02 acre and 5.22
acre tract of land situated in the G. Morrison Survey, Abstract No. 559, City of
Anna, Collin County Texas, described as Tract 76 and Tract 100 respectively,
conveyed to Timothy P. and Patricia S. Adams by deed recorded in volume 3891,
page 656 of the Deed Records of Collin County, Texas (“Master Tract”).
A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE ACTING
CITY MANAGER TO EXECUTE DOCUMENTS FOR THE PURCHASE OF
REAL PROPERTY FOR USE AS PUBLIC RIGHT-OF-WAY AND SANITARY
SEWER FORCE MAIN CONSTRUCTION BY MR. AND MRS. ADAMS TO THE
CITY OF ANNA, TEXAS, AS SHOWN IN EXHIBIT “A” ATTACHED HERETO;
AND PROVIDING FOR AN EFFECTIVE DATE.
7. Items For Individual Consideration and Public Hearings.
a. Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance regarding
a request to amend an existing Planned Development (Ord. No. 1054-2023-06)
for The Parks at Foster Crossing. (Planning Manager Lauren Mecke)
The applicant is requesting a text amendment to an existing Planned
Development (Ord. No. 1054-2023-06) for The Parks at Foster Crossing
subdivision. The catalyst for this request is the construction timing of the
development's amenity center and pool construction. The applicant has also
identified scrivener's errors and edits for clarification in the Planned Development
language.
The applicant has requested that it be extended to the 200th certificate of
occupancy.
Mayor Cain opened the public hearing at 8:59 PM.
No comments were given.
Mayor Cain closed the public hearing at 8:59 PM.
MOTION: Council Member Singh moved to table the item until the December 9
meeting. Council Member Baker seconded. Motion carried 7–0.
b. Conduct a Public Hearing and take Testimony pursuant to Section 372.016,
Texas Local Government Code, regarding the proposed assessments to be
levied on property located within Improvement Area #3 of The Woods at Lindsey
Place Public Improvement District. (Director of Economic Development Joey
Grisham)
Mayor Cain opened the public hearing at 9:27 PM.
No comments were given.
Mayor Cain closed the public hearing at 9:27 PM.
c. Consider/Discuss/Action to adopt an Ordinance of the City Council of the City of
Anna, Texas approving a 2025 Amended and Restated Service and Assessment
Plan, including revised Assessment Rolls, for The Woods at Lindsey Place
Public Improvement District in accordance with Chapter 372, Texas Local
Government Code, as amended; Levying Special Assessments against Property
within Improvement Area #3 of said District and Establishing a Lien on such
Property; providing for the method of assessment and the payment of the
Assessments in accordance with Chapter 372, Texas Local Government Code,
as amended; providing Penalties and Interest on Delinquent Assessments;
providing for severability, and providing an effective date. (Director of Economic
Development Joey Grisham)
This item adopts an ordinance approving the 2025 Amended and Restated
Service and Assessment Plan and levying assessments in the Woods at Lindsey
Place PID Improvement Area #3.
MOTION: Council Member Singh moved to approve. Council Member Herndon
seconded. Motion carried 7–0.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS
APPROVING A 2025 AMENDED AND RESTATED SERVICE AND
ASSESSMENT PLAN, INCLUDING REVISED ASSESSMENT ROLLS, FOR
THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT IN
ACCORDANCE WITH CHAPTER 372, TEXAS LOCAL GOVERNMENT CODE,
AS AMENDED; LEVYING SPECIAL ASSESSMENTS AGAINST PROPERTY
WITHIN IMPROVEMENT AREA #3 OF SAID DISTRICT AND ESTABLISHING
A LIEN ON SUCH PROPERTY; PROVIDING FOR THE METHOD OF
ASSESSMENT AND THE PAYMENT OF THE ASSESSMENTS IN
ACCORDANCE WITH CHAPTER 372, TEXAS LOCAL GOVERNMENT CODE,
AS AMENDED; PROVIDING PENALTIES AND INTEREST ON DELINQUENT
ASSESSMENTS; PROVIDING FOR SEVERABILITY, AND PROVIDING AN
EFFECTIVE DATE.
d. Consider/Discuss/Action to adopt an Ordinance authorizing the issuance of “City
of Anna, Texas, Special Assessment Revenue Bonds, Series 2025 (The Woods
at Lindsey Place Public Improvement District Improvement Areas #2-3 Projects)”
in a principal amount not to exceed $27,000,000 payable from Special
Assessments levied upon Improvement Area #2 and Improvement Area #3 of
The Woods at Lindsey Place Public Improvement District to Fund Public
Improvements in said District; approving and authorizing an Indenture of Trust,
a Bond Purchase Agreement, a Limited Offering Memorandum, a Continuing
Disclosure Agreement, and other agreements and documents in connection
therewith; making findings with respect to the issuance of such bonds; and
providing an effective date. (Director of Economic Development Joey Grisham)
This ordinance authorizes the issuance of Revenue Assessment Bonds not to
exceed $27,000,000 for the Woods at Lindsey Place PID Improvement Areas #2-
3.
MOTION: Council Member Singh moved to approve. Council Member Carver
seconded. Motion carried 7 - 0.
AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF ANNA, TEXAS,
SPECIAL ASSESSMENT REVENUE BONDS, SERIES 2025 (THE WOODS AT
LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT IMPROVEMENT AREAS
#2-3 PROJECTS)" IN A PRINCIPAL AMOUNT NOT TO EXCEED $27,000,000
PAYABLE FROM SPECIAL ASSESSMENTS LEVIED UPON IMPROVEMENT
AREA #2 AND IMPROVEMENT AREA #3 OF THE WOODS AT LINDSEY
PLACE PUBLIC IMPROVEMENT DISTRICT TO FUND PUBLIC
IMPROVEMENTS IN SAID DISTRICT; APPROVING AND AUTHORIZING AN
INDENTURE OF TRUST, A BOND PURCHASE AGREEMENT, A LIMITED
OFFERING MEMORANDUM, A CONTINUING DISCLOSURE AGREEMENT,
AND OTHER AGREEMENTS AND DOCUMENTS IN CONNECTION
THEREWITH; MAKING FINDINGS WITH RESPECT TO THE ISSUANCE OF
SUCH BONDS; AND PROVIDING AN EFFECTIVE DATE.
e. Conduct a Public Hearing and take Testimony pursuant to Section 372.016,
Texas Local Government Code, regarding the proposed assessments to be
levied on property located within Improvement Area #1 of the Crystal Park Public
Improvement District No. 2. (Director of Economic Development Joey Grisham)
Mayor Cain opened the public hearing at 9:30 PM.
No comments were given.
Mayor Cain closed the public hearing at 9:31 PM.
f. Consider/Discuss/Action to adopt an Ordinance of the City Council of the City of
Anna, Texas accepting and approving a Service and Assessment Plan and
Assessment Roll for the Crystal Park Public Improvement District No. 2; making
a finding of special benefit to the Property in the District; Levying Special
Assessments against Property within the District and Establishing a Lien on such
Property; providing for the method of assessment and the payment of the
Assessments in accordance with Chapter 372, Texas Local Government Code,
as amended, providing Penalties and Interest on Delinquent Assessments,
providing for severability, and providing an effective date. (Director of Economic
Development Joey Grisham)
This Ordinance accepts and approves a Service and Assessment Plan and
Assessment Roll for the Crystal Park PID #2 Improvement Area #1.
MOTION: Council Member Herndon moved to approve. Council Member Singh
seconded. Motion carried 7–0.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS
ACCEPTING AND APPROVING A SERVICE AND ASSESSMENT PLAN AND
ASSESSMENT ROLL FOR THE CRYSTAL PARK PUBLIC IMPROVEMENT
DISTRICT NO. 2; MAKING A FINDING OF SPECIAL BENEFIT TO THE
PROPERTY IN THE DISTRICT; LEVYING SPECIAL ASSESSMENTS AGAINST
PROPERTY WITHIN THE DISTRICT AND ESTABLISHING A LIEN ON SUCH
PROPERTY; PROVIDING FOR THE METHOD OF ASSESSMENT AND THE
PAYMENT OF THE ASSESSMENTS IN ACCORDANCE WITH CHAPTER 372,
TEXAS LOCAL GOVERNMENT CODE, AS AMENDED, PROVIDING
PENALTIES AND INTEREST ON DELINQUENT ASSESSMENTS, PROVIDING
FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE.
g. Consider/Discuss/Action to adopt an Ordinance authorizing the issuance of "City
of Anna, Texas, Special Assessment Revenue Bonds, Series 2025 (Crystal Park
Public Improvement District No. 2 Improvement Area #1 Project)" in a principal
amount not to exceed $9,000,000 payable from special Assessments levied
upon Improvement Area #1 of Crystal Park Public Improvement District No. 2 to
Fund Public Improvements in said District; approving and authorizing an
Indenture of Trust, a Bond Purchase Agreement, a Limited Offering
Memorandum, a Continuing Disclosure Agreement, a Reimbursement
Agreement, and other agreements and documents in connection therewith;
making findings with respect to the issuance of such Bonds; and providing an
effective date. (Director of Economic Development Joey Grisham)
This ordinance authorizes the issuance of Special Assessment Revenue Bonds
not to exceed $9,000,000 for the Crystal Park PID #2 Improvement Area #1.
MOTION: Council Member Baker moved to approve. Council Member Herndon
seconded. Motion carried 7–0.
AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF ANNA, TEXAS,
SPECIAL ASSESSMENT REVENUE BONDS, SERIES 2025 (CRYSTAL PARK
PUBLIC IMPROVEMENT DISTRICT NO. 2 IMPROVEMENT AREA #1
PROJECT)" IN A PRINCIPAL AMOUNT NOT TO EXCEED $9,000,000
PAYABLE FROM SPECIAL ASSESSMENTS LEVIED UPON IMPROVEMENT
AREA #1 OF CRYSTAL PARK PUBLIC IMPROVEMENT DISTRICT NO. 2 TO
FUND PUBLIC IMPROVEMENTS IN SAID DISTRICT; APPROVING AND
AUTHORIZING AN INDENTURE OF TRUST, A BOND PURCHASE
AGREEMENT, A LIMITED OFFERING MEMORANDUM, A CONTINUING
DISCLOSURE AGREEMENT, A REIMBURSEMENT AGREEMENT, AND
OTHER AGREEMENTS AND DOCUMENTS IN CONNECTION THEREWITH;
MAKING FINDINGS WITH RESPECT TO THE ISSUANCE OF SUCH BONDS;
AND PROVIDING AN EFFECTIVE DATE.
h. Consider/Discuss/Action on an Amended Resolution finding that a public
necessity exists for acquisition of a permanent sanitary sewer line easement and
temporary construction easement located in the P Burns Survey, Abstract
A0100, near the intersection of CR 290 and CR 372. (Director of Public Works
Joseph Cotton)
The City Council of the City of Anna, Texas ("City Council") has previously
adopted Resolution No. 2025-05-1784, finding a public necessity for projects
located in the P. Burns Survey, Abstract A0100, affecting land presently owned
by MJLA Adams, Limited. The prior resolution mislabeled a required water line
easement as right-of-way.
This resolution revises the titles of the required easements but does not change
the size of the easements from the prior document.
MOTION: Council Member Toten moved to approve. Council Member Bryan
seconded. Motion carried 6–1. Deputy Mayor Pro Tem Carver opposed.
AN AMENDED RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, FINDING THAT A PUBLIC NECESSITY EXISTS FOR
ACQUISITION OF A PERMANENT SANITARY SEWER LINE EASEMENT AND
TEMPORARY CONSTRUCTION EASEMENT ON AND UNDER REAL
PROPERTY LOCATED IN THE P BURNS SURVEY, ABSTRACT A0100, NEAR
THE INTERSECTION OF CR 290 AND CR 372; AUTHORIZING THE ACTING
CITY MANAGER, STAFF, CONTRACTORS, AND THE CITY'S ATTORNEYS
TO ACQUIRE SAID EASEMENTS BY ANY LAWFUL MEANS, INCLUDING BUT
NOT LIMITED TO NEGOTIATIONS, AND, IF NECESSARY, PROCEEDINGS IN
EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE.
i. Consider/Discuss/Action on a Resolution casting votes for the Collin CAD Board
of Directors. (City Secretary Carrie Land)
The City of Anna has 11 votes to cast. All votes may be cast for one candidate
or distributed among any number of the candidates listed on the official ballot.
The deadline to submit the complete ballot is December 14, 2025.
MOTION: Council Member Herndon moved to postpone casting votes until the
December 9 meeting. Council Member Singh seconded. Motion carried 7–0.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS,
VOTING FOR A CANDIDATE OR CANDIDATES FOR THE BOARD OF
DIRECTORS FOR ELECTION OF COLLIN CENTRAL APPRAISAL DISTRICT.
j. Consider/Discuss/Action on a Resolution approving board and commission
meeting rules of order and procedures. (City Secretary Carrie Land)
This resolution establishes a uniform set of rules of order and procedures that
ensure fair, efficient, transparent, and legally compliant conduct of meetings of
all boards and commissions.
MOTION: Council Member Herndon moved to approve. Council Member Singh
seconded. Motion carried 7–0.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING RULES OF
ORDER AND PROCEDURE GOVERNING CERTAIN ASPECTS OF
CONDUCTING MEETINGS OF ANNA BOARDS AND COMMISSIONS
APPOINTED BY THE CITY COUNCIL.
k. Consider/Discuss/Action on an Ordinance canvassing the November 4, 2025
Special Election and declaring adoption of Home-Rule Charter Amendments
voted on by Anna voters. (City Secretary Carrie Land)
On August 12, 2025, the City Council ordered a special election to be held on
November 4, 2025, to take propositions to amend the City Charter to the voters.
Voters approved propositions A, B, D, E, F, G, I, J, L, M, O, R, and S.
MOTION: Deputy Mayor Pro Tem Carver moved to approve. Council Member
Herndon seconded. Motion carried 7–0.
AN ORDINANCE OF THE CITY OF ANNA, TEXAS CANVASSING THE
RETURNS OF A SPECIAL ELECTION HELD ON NOVEMBER 4, 2025 FOR
VOTERS TO DECIDE PROPOSITIONS WITH CERTAIN AMENDMENTS TO
THE CITY OF ANNA, TEXAS HOME-RULE CHARTER; ENTERING ORDER
DECLARING AMENDMENTS PASSED BY VOTERS TO BE ADOPTED.
l. Consider/Discuss/Action on a Resolution amending the City Council
Governance Guide regarding the placement of items on City Council meeting
agendas. (Council Members)
Council Members would like to improve the process by which items may be
placed upon the City's Council meeting agenda by members of the governing
body. This Resolution establishes Council agenda item placement procedures.
At the request of City Attorney McCoy, Council entered into Closed Session
before taking action on this item.
8. Closed Session (Exceptions).
a. Consult with legal counsel regarding pending or contemplated litigation and/or
on matters in which the duty of the attorney to the governmental body under the
Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas
clearly conflicts with Chapter 551 of the Government Code (Tex. Gov’t Code
§551.071). City codes, ordinances, and fees including rental fees. ETJ
development and related utility and city boundary issues. City official
communication protocols with staff and management. Council agenda item
placement. ESD.
b. Discuss or deliberate the purchase, exchange, lease, or value of real property
(Tex. Gov’t Code §551.072).
c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or
deliberate regarding commercial or financial information that the City has
received from a business prospect that the City seeks to have locate, stay, or
expand in or near the territory of the City of Anna and with which the City is
conducting economic development negotiations; or (2) To deliberate the offer of
a financial or other incentive to a business prospect described by subdivision (1).
(Tex. Gov’t Code §551.087).
d. Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074).
MOTION: Council Member Bryan moved to enter closed session. Council
Member Herndon seconded. Motion carried 6-1. Council Member Singh
opposed.
Mayor Cain recessed the meeting at 9:41 PM.
Mayor Cain reconvened the meeting at 9:59 PM.
9. Consider/Discuss/Action on any items listed on any agenda - work session, regular
meeting, or closed session - that is duly posted by the City of Anna for any City Council
meeting occurring on the same date as the meeting noticed in this agenda.
Council acted on Item 7l.
MOTION: Council Member Singh moved to Approve. Council Member Baker
seconded. Motion carried 4–3. Council Member Bryan, Mayor Pro Tem Toten,
and Mayor Cain opposed.
A RESOLUTION OF THE CITY OF ANNA, TEXAS AMENDING RESOLUTION
NO. 2025-08-1809 WITH RESPECT TO MEETING AGENDA ITEM
PLACEMENT UNDER PROTOCOL 4 OF THE MAYOR AND CITY COUNCIL
PROTOCOL OPERATION GUIDELINES.
10. Adjourn.
Mayor Cain adjourned the meeting at 10:00 PM.
APPROVED this 9th day of December 2025.
____________________________________
Mayor Pete Cain
ATTEST:
_______________________________
City Secretary Carrie L. Land
City Council Meeting
Minutes
Monday, December 1, 2025 @ 4:30 PM
Anna Municipal Complex - EDC Conference Room
120 W. 7th Street, Anna, Texas 75409
The City Council of the City of Anna met on Monday, December 1, 2025, at 4:30 PM, in the Anna
Municipal Complex – EDC Conference Room, located at 120 W. 7th Street, to consider the
following items.
1. Call to Order, Roll Call, and Establishment of Quorum.
Mayor Cain called the meeting to order at 4:33 PM.
Members Present:
Mayor Pete Cain
Mayor Pro Tem Kevin Toten
Deputy Mayor Pro Tem Stan Carver II
Council Member Nathan Bryan
Council Member Kelly Herndon
Council Member Elden Baker
Council Member Manny Singh
Members Absent:
None
2. Invocation and Pledge of Allegiance.
Council Member Baker led the Invocation.
3. Neighbor Comments.
No comments given.
4. Items For Individual Consideration and Public Hearings.
a. Consider/Discuss/Action on a city manager applicant meet and greet.
5. Closed Session (Exceptions).
a. Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074). City
Manager
MOTION: Council Member Bryan moved to enter closed session. Council
Member Herndon seconded. Motion carried 7-0.
Mayor Cain recessed the meeting at 4:45 PM.
Mayor Cain reconvened the meeting at 7:48 PM.
6. Consider/Discuss/Action on any items listed on any agenda - work session, regular
meeting, or closed session - that is duly posted by the City of Anna for any City Council
meeting occurring on the same date as the meeting noticed in this agenda.
Item 4a. City Manager applicant meet and greet.
MOTION: Mayor Pro Tem Toten moved to take no action. Council Member
Bryan seconded. Motion carried 7-0.
7. Adjourn.
Mayor Cain adjourned the meeting at 7:48 PM.
APPROVED this _____ day of _____________, 2025
____________________________________
Mayor Pete Cain
ATTEST:
_______________________________
City Secretary Carrie L. Land
Item No. 6.b.
City Council Agenda
Staff Report
Meeting Date: 12/9/2025
Staff Contact: Joey Grisham
AGENDA ITEM:
Review Minutes of the October 2, 2025, Joint Community Development Corporation and
Economic Development Corporation Board Meeting. (Director of Economic
Development Joey Grisham)
SUMMARY:
The item is for Council to review meeting minutes from the October 2, 2025, CDC/EDC
Joint Board Meeting.
FINANCIAL IMPACT:
This item has no financial impact.
BACKGROUND:
The CDC/EDC Board met on October 2, 2025, for their monthly Joint Board Meeting.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Excellent.
ATTACHMENTS:
1. October 2_2025 CDC EDC Joint Meeting Minutes (Signed)
Item No. 6.c.
City Council Agenda
Staff Report
Meeting Date: 12/9/2025
Staff Contact: Lauren Mecke
AGENDA ITEM:
Approve a Resolution regarding a requested waiver for Wedge Stone Drive in Meadow
Vista, Phase 4. (Planning Manager, Lauren Mecke)
SUMMARY:
Recommended for approval as submitted.
This request is associated with a Preliminary Plat (Exhibit A) conditionally approved
subject to approval of this item.
FINANCIAL IMPACT:
This item has no financial impact.
BACKGROUND:
The applicant is requesting a waiver from Article 9.02 (Subdivision Regulations) as it
pertains to the minimum cul-de-sac length.
The applicant is requesting a waiver from:
Sec. 9.02.081(p) Maximum and minimum length of cul-de-sac streets.-
A cul-de-sac street shall not be longer than 600 feet and be a minimum of 400 feet,
and at the closed end a cul-de-sac shall have a turnaround bulb with an outside
pavement diameter of at least 80 feet and a right-of-way diameter of at least 100 feet.
The length of a cul-de-sac shall be measured from the centerline of the intersecting
street to the center point of the cul-de-sac bulb.
Proposed for the cul-de-sac along Wedge Stone Drive that is approximately 180 feet in
length.
The layout generally conforms to the original concept plan adopted with the Planned
Development Zoning (Ord. No. 839-2019) and is the same layout as shown in the
Concept Plan (Exhibit C) within the Development Agreement (Res. No. 2023-06-1460).
Both plans are attached for reference.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Unique.
ATTACHMENTS:
1. Resolution (Waiver) - Meadow Vista PH 4 (PP 25-0019)
2. Exhibit A - Meadow Vista Phase 4 Preliminary Plat
3. Previously Approved Concept Plan - Zoning (Ord. 839-2019)
4. Previously Approved Exhibit (Concept Plan) - DA (Res. 2023-06-1460)
CITY OF ANNA, TEXAS
, In order to provide for the orderly development of land within the Anna city limits
and extraterritorial jurisdiction, the City Council of the City of Anna, Texas has adopted Article
9.02 (“Subdivision Regulations”) and Article 9.04 (“Zoning Ordinance”) of the Anna City Code
of Ordinances; and
, Bloomfield Homes LP has submitted an application for the approval of the Meadow
Vista, Phase 4, Preliminary Plat; and
, the applicant requests a waiver from Article 9.02 (Subdivision Regulations)
regarding maximum and minimum length of cul-de-sac streets for Wedge Stone Drive,
approximately 180 feet in length as measured from the centerline of the nearest intersecting
street to the center of the cul-de-sac bulb; and
, the Preliminary Plat otherwise conforms to the City’s Subdivision Regulations and
Zoning Ordinance; and
The recitals above are incorporated herein as if set forth in full for all purposes.
(A) Granting the waiver/suspension will not be detrimental to the public safety, health, or
welfare, and will not be injurious to other property or to the owners of other property,
and the waiver, suspension, or amendment will not prevent the orderly subdivision of
other property in the vicinity;
The subdivision is being created for three lots and providing access to the HOA lot. It
will not be detrimental to the surrounding properties.
(B) The conditions upon which the request for a waiver, suspension, or amendment is
based are unique to the property for which the waiver, suspension, or amendment is
sought, and are not applicable generally to other property;
Previous Development Agreements and Zoning were established prior to the minimum
cul-de-sac length regulation.
(C) Because of the particular physical surroundings, shape and/or topographical
conditions of the specific property involved, a particular undue hardship to the property
owner would result, as distinguished from a mere inconvenience or increased
expense, if the strict letter of these regulations is carried out;
In accordance with the Development Agreement (Res. No. 2023-06-1460), a 15”
sewer line was constructed. Adjustments to lot and street geometry near the cul-de-
sac would result in removing and replacing of newly installed City sewer infrastructure.
(D) The waiver, suspension, or amendment will not in any manner vary the provisions of
the zoning ordinance, Comprehensive Plan (as amended), or any other adopted
plan(s) or ordinance(s) of the City; and
The request is conformance with the Planned Development Zoning, Development
Agreement, and the Comprehensive Plan.
(E) An alternate design will generally achieve the same result or intent as the standards
and regulations prescribed herein.
This design will achieve the same result as the standards.
Section 3. Approval of Replat
The City Council hereby approves the waiver regarding the minimum length of cul-de-sac street
for Wedge Stone Drive in Meadow Vista, Phase 4, Preliminary Plat attached hereto as Exhibit
A subject to additions and/or alterations to the engineering plans as required by the City
Engineer.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 9th day of
December, 2025.
ATTEST: APPROVED:
_____________________________ ______________________________
City Secretary, Carrie Land Mayor, Pete Cain
PRELIMINARY PLAT
MEADOW VISTA
PHASE 4
Contact: She lb y Sc hoe c h O f f ic e : 214-62 0 -27 70
6060 North Central Expressway Phone 469.621.0710
Suite 400
Dallas, Texas 75206 FR N - F-1386
PRELIMINARY PLAT
MEADOW VISTA
PHASE 4
Contact: She lb y Sc hoe c h O f f ic e : 214-62 0 -27 70
6060 North Central Expressway Phone 469.621.0710
Suite 400
Dallas, Texas 75206 FR N - F-1386
PRELIMINARY PLAT
MEADOW VISTA
PHASE 4
C ontact: Shelby S c hoe ch Of f ic e : 214-62 0-27 70
6060 North Central Expressway Phone 469.621.0710
Suite 400
Dallas, Texas 75206 FRN - F-1386
OWNERS CERTIFICATION
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
THAT, BLOOMFIELD HOMES, L.P., ACTING HEREIN BY AND THROUGH IT'S DULY
AUTHORIZED OFFICERS, DOES HEREBY ADOPT THIS PLAT DESIGNATING THE
HEREINABOVE DESCRIBED PROPERTY AS MEADOW VISTA, PHASE 4, AN ADDITION TO
THE CITY OF ANNA, TEXAS, AND DOES HEREBY DEDICATE, IN FEE SIMPLE, TO THE
PUBLIC USE FOREVER, THE STREETS AND ALLEYS SHOWN THEREON. THE STREETS AND
ALLEYS ARE DEDICATED FOR STREET PURPOSES. THE EASEMENTS AND PUBLIC USE
AREAS, AS SHOWN, ARE DEDICATED FOR THE PUBLIC USE FOREVER, FOR THE
PURPOSES INDICATED ON THIS PLAT. IN ADDITION, UTILITY EASEMENTS MAY ALSO BE
USED FOR THE MUTUAL USE AND ACCOMMODATION OF ALL PUBLIC UTILITIES
DESIRING TO USE OR USING THE SAME UNLESS THE EASEMENT LIMITS THE USE TO
PARTICULAR UTILITIES, SAID USE BY PUBLIC UTILITIES BEING SUBORDINATE TO THE
PUBLIC'S AND CITY OF ANNA'S USE THEREOF. THE CITY OF ANNA AND PUBLIC UTILITY
ENTITIES SHALL HAVE THE RIGHT TO REMOVE AND KEEP REMOVED ALL OR ARTS OF
ANY BUILDINGS, FENCES, TREES, SHRUBS, OR OTHER IMPROVEMENTS OR GROWTHS
WHICH MAY IN ANY WAY ENDANGER OR INTERFERE WITH THE CONSTRUCTION,
MAINTENANCE, OR EFFICIENCY OF THEIR RESPECTIVE SYSTEMS IN SAID EASEMENTS.
THE CITY OF ANNA AND PUBLIC UTILITY ENTITIES SHALL AT ALL TIMES HAVE THE FULL
RIGHT OF INGRESS AND EGRESS TO OR FROM THEIR RESPECTIVE EASEMENTS FOR THE
PURPOSES OF CONSTRUCTING, RECONSTRUCTING, INSPECTING, PATROLLING,
MAINTAINING, READING METERS, AND ADDING TO OR REMOVING ALL OR PARTS OF
THEIR RESPECTIVE SYSTEMS WITHOUT THE NECESSITY AT ANY TIME OF PROCURING
PERMISSION FROM ANYONE.
THIS APPROVED SUBJECT TO ALL PLATTING ORDINANCES, RULES, AND REGULATIONS
OF THE CITY OF ANNA, TEXAS.
WITNESS MY HAND THIS THE _____ DAY OF __________________ , A.D. 2025.
BLOOMFIELD HOMES, L.P.
A TEXAS LIMITED PARTNERSHIP
BY:BLOOMFIELD PROPERTIES, INC.,
A TEXAS CORPORATION, GENERAL PARTNER
BY:______________________________,
DONALD J. DYKSTRA, PRESIDENT
STATE OF TEXAS )(
COUNTY OF _____________ )(
BEFORE ME, THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC IN AND FOR THE
STATE OF TEXAS, ON THIS DAY PERSONALLY APPEARED DONALD J. DYKSTRA, KNOWN
TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING
INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE
PURPOSE AND CONSIDERATION THEREIN EXPRESSED AND IN THE CAPACITY THEREIN
STATED.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE ______ DAY OF
_______________ , A.D. 2025.
____________________________________________
NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS
ID NUMBER: ________________
MY COMMISSION EXPIRES: ________________
SURVEYOR'S CERTIFICATION
I, _____________, REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY
CERTIFY THAT THE PLAT SHOWN HEREON ACCURATELY REPRESENTS THE PROPERTY
AS DETERMINED BY AN ON THE GROUND SURVEY, MADE UNDER MY DIRECTION
AND THE SUPERVISION IN ________, 20_____, AND THAT ALL CORNERS ARE AS
SHOWN.
_____________
REGISTERED PROFESSIONAL LAND SURVEYOR
TEXAS REGISTRATION NO. ____
DATE:
STATE OF TEXAS )(
COUNTY OF ___________ )(
BEFORE ME, THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC IN AND FOR THE
STATE OF TEXAS, ON THIS DAY PERSONALLY APPEARED KNOWN
TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING
INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR
THE PURPOSE AND CONSIDERATION THEREIN EXPRESSED AND IN THE CAPACITY
THEREIN STATED.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE DAY OF
, A.D. 2025.
____________________________________________
NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS
ID NUMBER: ________________
MY COMMISSION EXPIRES: ________________
PRELIMINARY, THIS DOCUMENT SHALL NOT BE
RECORDED FOR ANY PURPOSE AND SHALL NOT
BE USED OR VIEWED OR RELIED UPON AS A
FINAL SURVEY DOCUMENT.
EASEMENT LANGUAGE
DRAINAGE AND DETENTION EASEMENT
STATE OF TEXAS
COUNTY OF COLLIN
CITY OF ANNA
THIS PLAT IS HEREBY ADOPTED BY THE OWNERS AND APPROVED BY THE CITY OF ANNA (CALLED “CITY”) SUBJECT
TO THE FOLLOWING CONDITIONS WHICH SHALL BE BINDING UPON THE OWNERS, THEIR HEIRS, GRANTEES AND
SUCCESSORS:
THE PORTION OF BLOCK B, AS SHOWN ON THE PLAT IS CALLED “DRAINAGE AND DETENTION EASEMENT.” THE
DRAINAGE AND DETENTION EASEMENT WITHIN THE LIMITS OF THIS ADDITION, WILL REMAIN OPEN AT ALL TIMES
AND WILL BE MAINTAINED IN A SAFE AND SANITARY CONDITION BY THE OWNERS OF THE LOT OR LOTS THAT ARE
TRAVERSED BY OR ADJACENT TO THE DRAINAGE AND DETENTION EASEMENT. THE CITY WILL NOT BE RESPONSIBLE
FOR THE MAINTENANCE AND OPERATION OF SAID EASEMENT OR FOR ANY DAMAGE TO PRIVATE PROPERTY OR
PERSON THAT RESULTS FROM CONDITIONS IN THE EASEMENT, OR FOR THE CONTROL OF EROSION. NO
OBSTRUCTION TO THE NATURAL FLOW OF STORM WATER RUN-OFF SHALL BE PERMITTED BY CONSTRUCTION OF
ANY TYPE OF BUILDING, FENCE, OR ANY OTHER STRUCTURE WITHIN THE DRAINAGE AND DETENTION EASEMENT
AS HEREINABOVE DEFINED, UNLESS APPROVED BY THE CITY ENGINEER. PROVIDED, HOWEVER, IT IS UNDERSTOOD
THAT IN THE EVENT IT BECOMES NECESSARY FOR THE CITY TO ERECT OR CONSIDER ERECTING ANY TYPE OF
DRAINAGE STRUCTURE IN ORDER TO IMPROVE THE STORM DRAINAGE THAT MAY BE OCCASIONED BY THE CITY
SHALL HAVE THE RIGHT TO ENTER UPON THE DRAINAGE AND DETENTION EASEMENT AT ANY POINT, OR POINTS,
TO INVESTIGATE, SURVEY OR TO ERECT, CONSTRUCT AND MAINTAIN ANY DRAINAGE FACILITY DEEMED
NECESSARY FOR DRAINAGE PURPOSES. EACH PROPERTY OWNER SHALL KEEP THE DRAINAGE AND DETENTION
EASEMENT CLEAN AND FREE OF DEBRIS, SILT, AND ANY SUBSTANCE WHICH WOULD RESULT IN UNSANITARY
CONDITIONS OR OBSTRUCT THE FLOW OF WATER, AND THE CITY SHALL HAVE THE RIGHT OF INGRESS AND EGRESS
FOR THE PURPOSE OF INSPECTION AND SUPERVISION OF MAINTENANCE WORK BY THE PROPERTY OWNER TO
ALLEVIATE ANY UNDESIRABLE CONDITIONS WHICH MAY OCCUR. THE NATURAL DRAINAGE THROUGH THE
DRAINAGE AND DETENTION EASEMENT IS SUBJECT TO STORM WATER OVERFLOW AND NATURAL BANK EROSION
TO AN EXTENT WHICH CANNOT BE DEFINITELY DEFINED. THE CITY SHALL NOT BE HELD LIABLE FOR ANY DAMAGES
OF ANY NATURE RESULTING FROM THE OCCURRENCE OF THESE NATURAL PHENOMENA, OR RESULTING FROM
THE FAILURE OF ANY STRUCTURE, OR STRUCTURES, WITHIN THE EASEMENT.
VAM EASEMENT
THE AREA OR AREAS SHOWN ON THE PLAT AS "VAM" (VISIBILITY , ACCESS, AND MAINTENANCE) EASEMENT(S) ARE
HEREBY GIVEN AND GRANTED TO THE CITY, ITS SUCCESSORS AND ASSIGNS, AS AN EASEMENT TO PROVIDE
VISIBILITY, RIGHT OF ACCESS, AND MAINTENANCE UPON AND ACROSS SAID VAM EASEMENT. THE CITY SHALL
HAVE THE RIGHT, BUT NOT THE OBLIGATION, TO MAINTAIN ANY AND ALL LANDSCAPING WITHIN THE VAM
EASEMENT. SHOULD THE CITY EXERCISE THIS MAINTENANCE RIGHT, IT SHALL BE PERMITTED TO REMOVE AND
DISPOSE OF ANY AND ALL LANDSCAPING IMPROVEMENTS, INCLUDING WITHOUT LIMITATION, ANY TREES,
SHRUBS, FLOWERS, GROUND COVER, AND FIXTURES. THE CITY MAY WITHDRAW MAINTENANCE OF THE VAM
EASEMENT AT ANY TIME. THE ULTIMATE MAINTENANCE RESPONSIBILITY FOR THE VAM EASEMENT SHALL REST
WITH THE OWNERS. NO BUILDING, FENCE, SHRUB, TREE, OR OTHER IMPROVEMENTS OR GROWTHS, WHICH IN
ANY WAY ENDANGER OR INTERFERE WITH THE VISIBILITY, SHALL BE CONSTRUCTED IN, ON, OVER, OR ACROSS THE
VAM EASEMENT. THE CITY SHALL ALSO HAVE THE RIGHT, BUT NOT THE OBLIGATION, TO ADD ANY LANDSCAPE
IMPROVEMENTS TO THE VAM EASEMENT, TO ERECT ANY TRAFFIC CONTROL DEVICES OR SIGNS ON THE VAM
EASEMENT, AND TO REMOVE ANY OBSTRUCTION THEREON. THE CITY, ITS SUCCESSORS, ASSIGNS, OR AGENTS,
SHALL HAVE THE RIGHT AND PRIVILEGE AT ALL TIMES TO ENTER UPON THE VAM EASEMENT OR ANY PART
THEREOF FOR THE PURPOSES AND WITH ALL RIGHTS AND PRIVILEGES SET FORTH HEREIN.
ACCESS EASEMENT
THE UNDERSIGNED DOES COVENANT AND AGREE THAT THE ACCESS EASEMENT MAY BE UTILIZED BY ANY PERSON
OR THE GENERAL PUBLIC FOR INGRESS AND EGRESS TO OTHER REAL PROPERTY, AND FOR THE PURPOSE OF
GENERAL PUBLIC
VEHICULAR AND PEDESTRIAN USE AND ACCESS, AND FOR FIRE DEPARTMENT AND EMERGENCY USE, IN, ALONG,
UPON, AND ACROSS SAID PREMISES, WITH THE RIGHT AND PRIVILEGE AT ALL TIMES OF THE CITY OF ANNA, ITS
AGENTS, EMPLOYEES, WORKMEN, AND REPRESENTATIVES HAVING INGRESS, EGRESS, AND REGRESS IN, ALONG,
UPON, AND ACROSS SAID PREMISES.
CERTIFICATE OF APPROVAL
APPROVED ON THIS THE DAY OF , ______,
BY THE PLANNING & ZONING COMMISSION, CITY OF ANNA, TEXAS.
____________________________________________
PLANNING & ZONING COMMISSION CHAIR
____________________________________________
DIRECTOR OF DEVELOPMENT SERVICES
PROPERTY DESCRIPTION
STATE OF TEXAS )(
COUNTY OF COLLIN )(
BEING A 43.681 ACRE TRACT OF LAND SITUATED IN THE JOHN ELLETT
SURVEY, ABSTRACT NO. 296 AND THE FRANCIS T. DUFFAU SURVEY,
ABSTRACT NO. 288, CITY OF ANNA E.T.J., COLLIN COUNTY, TEXAS, AND BEING
PART OF A 61.905 ACRE TRACT OF LAND, CONVEYED TO BLOOMFIELD
HOMES, LP, AS RECORDED IN COUNTY CLERK'S FILE NO. 20211220002555410,
OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS AND PART OF THE
REMAINDER OF A 160.197 ACRE TRACT OF LAND CONVEYED TO BLOOMFIELD
HOMES, LP, AS RECORDED IN COUNTY CLERK'S FILE NO. 20200117000076380,
OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS. SAID 43.681 ACRE
TRACT, BEARING BASIS BEING GRID NORTH, TEXAS STATE PLANE
COORDINATES, NORTH CENTRAL ZONE, NAD83 (NAD83 (2011) EPOCH 2010),
DETERMINED BY GPS OBSERVATIONS, CALCULATED FROM DENTON CORS
ARP (PID-DF8986) AND DALLAS CORS ARP (PID-DF8984, BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A 5/8” IRON ROD WITH YELLOW PLASTIC CAP STAMPED “LJA
SURVEYING” SET FOR THE NORTHEAST CORNER OF SAID 61.905 ACRE
TRACT AND THE COMMON SOUTHEAST CORNER OF THE REMAINDER OF A
275.00 ACRE TRACT OF LAND CONVEYED TO DR HORTON - TEXAS, LTD., AS
RECORDED IN COUNTY CLERK'S FILE NO. 20210212000310470, OFFICIAL
PUBLIC RECORDS, COLLIN COUNTY, TEXAS. SAID POINT BEING ON THE
WEST LINE OF A 50.00 ACRE TRACT OF LAND CONVEYED TO ANACAPRI
LAGUNA AZURE, LLC, AS RECORDED IN COUNTY CLERK'S FILE NO.
20210830001753370, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS;
THENCE, SOUTH 01 DEGREE 15 MINUTES 53 SECONDS WEST, ALONG THE
EAST LINE OF SAID 61.905 ACRE TRACT AND THE COMMON WEST LINE OF
SAID 50.00 ACRE TRACT, A DISTANCE OF 1024.64 FEET TO A 1” IRON PIPE
FOUND (BENT) FOR THE SOUTHEAST CORNER OF SAID 61.905 ACRE TRACT
AND A COMMON EXTERIOR ELL CORNER OF ANACAPRI, PHASE 1C, AN
ADDITION TO THE CITY OF ANNA, AS RECORDED IN COUNTY CLERK'S FILE
NO. 2024-2024010000122, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY,
TEXAS, FROM WHICH A 5/8” IRON ROD FOUND FOR THE SOUTHWEST
CORNER OF SAID 50.00 ACRE TRACT AND A COMMON INTERIOR ELL CORNER
OF SAID ANACAPRI, PHASE 1C BEARS, SOUTH 01 DEGREE 15 MINUTES 53
SECONDS WEST, A DISTANCE OF 36.09 FEET;
THENCE, NORTH 88 DEGREES 57 MINUTES 17 SECONDS WEST, ALONG THE
SOUTH LINE OF SAID 61.905 ACRE TRACT AND THE COMMON NORTH LINE OF
SAID ANACAPRI, PHASE 1C, A DISTANCE OF 33.92 FEET TO A 5/8” IRON ROD
WITH YELLOW PLASTIC CAP STAMPED “LJA SURVEYING” SET FOR THE
NORTHEAST CORNER OF THE REMAINDER OF AFORESAID 160.197 ACRE
TRACT AND THE COMMON NORTHWEST CORNER OF SAID ANACAPRI, PHASE
1C. SAID POINT BEING WITHIN COUNTY ROAD NO. 370, A PRESCRIPTIVE
RIGHT-OF-WAY);
THENCE, SOUTH 00 DEGREES 33 MINUTES 44 SECONDS WEST, ALONG THE
EAST LINE OF THE REMAINDER OF SAID 160.197 ACRE TRACT AND THE
COMMON WEST LINE OF SAID ANACAPRI, PHASE 1C, A DISTANCE OF 594.68
FEET TO A POINT FOR CORNER;
THENCE, OVER AND A CROSS THE REMAINDER OF SAID 160.197 ACRE TRACT,
SAID 61.905 ACRE TRACT AND SAID COUNTY ROAD NO. 370, THE FOLLOWING
COURSES AND DISTANCES:
NORTH 89 DEGREES 06 MINUTES 07 SECONDS WEST, A DISTANCE OF
43.61 FEET TO A POINT FOR CORNER;
SOUTH 00 DEGREES 53 MINUTES 53 SECONDS WEST, A DISTANCE OF
189.33 FEET TO A POINT FOR CORNER, AND THE BEGINNING OF A
TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 03
DEGREES 39 MINUTES 18 SECONDS, A RADIUS OF 1060.00 FEET, AND A
LONG CHORD THAT BEARS SOUTH 00 DEGREES 55 MINUTES 46
SECONDS EAST, A DISTANCE OF 67.61 FEET;
ALONG SAID TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF 67.62
FEET TO A POINT FOR CORNER;
SOUTH 84 DEGREES 43 MINUTES 35 SECONDS WEST, A DISTANCE OF
147.90 FEET TO A POINT FOR CORNER, AND THE BEGINNING OF A
NON-TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 00
DEGREES 49 MINUTES 17 SECONDS, A RADIUS OF 1395.00 FEET, AND A
LONG CHORD THAT BEARS NORTH 03 DEGREES 50 MINUTES 10
SECONDS WEST, A DISTANCE OF 20.00 FEET;
ALONG SAID NON-TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF
20.00 FEET TO A POINT FOR CORNER;
SOUTH 86 DEGREES 34 MINUTES 29 SECONDS WEST, A DISTANCE OF
50.00 FEET TO A POINT FOR CORNER, AND THE BEGINNING OF A
NON-TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 00
DEGREES 51 MINUTES 25 SECONDS, A RADIUS OF 1445.00 FEET, AND A
LONG CHORD THAT BEARS SOUTH 03 DEGREES 51 MINUTES 14
SECONDS EAST, A DISTANCE OF 21.61 FEET;
ALONG SAID NO-TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF
21.61 FEET TO A POINT FOR CORNER;
SOUTH 84 DEGREES 43 MINUTES 35 SECONDS WEST, A DISTANCE OF
25.22 FEET TO A POINT FOR CORNER, AND THE BEGINNING OF A
TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 05
DEGREES 50 MINUTES 09 SECONDS, A RADIUS OF 175.00 FEET, AND A
LONG CHORD THAT BEARS SOUTH 87 DEGREES 38 MINUTES 40
SECONDS WEST, A DISTANCE OF 17.82 FEET;
ALONG SAID TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF
17.82 FEET TO A POINT FOR CORNER;
NORTH 89 DEGREES 26 MINUTES 16 SECONDS WEST, A DISTANCE OF
192.28 FEET TO A POINT FOR CORNER;
NORTH 00 DEGREES 33 MINUTES 44 SECONDS EAST, A DISTANCE OF
20.00 FEET TO A POINT FOR CORNER;
NORTH 89 DEGREES 26 MINUTES 16 SECONDS WEST, A DISTANCE OF
50.00 FEET TO A POINT FOR CORNER;
SOUTH 00 DEGREES 33 MINUTES 44 SECONDS WEST, A DISTANCE OF
20.00 FEET TO A POINT FOR CORNER;
NORTH 89 DEGREES 26 MINUTES 16 SECONDS WEST, A DISTANCE OF
230.00 FEET TO A POINT FOR CORNER;
NORTH 00 DEGREES 33 MINUTES 44 SECONDS EAST, A DISTANCE OF
20.00 FEET TO A POINT FOR CORNER;
NORTH 89 DEGREES 26 MINUTES 16 SECONDS WEST, A DISTANCE OF
50.00 FEET TO A POINT FOR CORNER;
SOUTH 00 DEGREES 33 MINUTES 44 SECONDS WEST, A DISTANCE OF
20.00 FEET TO A POINT FOR CORNER;
NORTH 89 DEGREES 26 MINUTES 16 SECONDS WEST, A DISTANCE OF
240.00 FEET TO A POINT FOR CORNER;
NORTH 00 DEGREES 33 MINUTES 44 SECONDS EAST, A DISTANCE OF
20.00 FEET TO A POINT FOR CORNER;
NORTH 89 DEGREES 26 MINUTES 16 SECONDS WEST, A DISTANCE OF
50.00 FEET TO A POINT FOR CORNER;
SOUTH 00 DEGREES 33 MINUTES 44 SECONDS WEST, A DISTANCE OF
20.00 FEET TO A POINT FOR CORNER;
NORTH 89 DEGREES 26 MINUTES 16 SECONDS WEST, A DISTANCE OF
255.01 FEET TO A POINT FOR CORNER, AND THE BEGINNING OF A
TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 42
DEGREES 25 MINUTES 34 SECONDS, A RADIUS OF 225.00 FEET, AND A
LONG CHORD THAT BEARS NORTH 68 DEGREES 13 MINUTES 29
SECONDS WEST, A DISTANCE OF 162.83 FEET;
ALONG SAID TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF
166.61 FEET TO A POINT FOR CORNER, AND THE BEGINNING OF A
NON-TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 00
DEGREES 38 MINUTES 44 SECONDS, A RADIUS OF 1775.00 FEET, AND A
LONG CHORD THAT BEARS NORTH 50 DEGREES 35 MINUTES 37
SECONDS EAST, A DISTANCE OF 20.00 FEET;
ALONG SAID NON-TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF
20.00 FEET TO A POINT FOR CORNER;
NORTH 39 DEGREES 05 MINUTES 01 SECOND WEST, A DISTANCE OF
50.00 FEET TO A POINT FOR CORNER, AND THE BEGINNING OF A
NON-TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 00
DEGREES 42 MINUTES 48 SECONDS, A RADIUS OF 1825.00 FEET, AND A
LONG CHORD THAT BEARS SOUTH 50 DEGREES 33 MINUTES 35
SECONDS WEST, A DISTANCE OF 22.72 FEET;
ALONG SAID NON-TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF
22.72 FEET TO A POINT FOR CORNER;
NORTH 40 DEGREES 34 MINUTES 55 SECONDS WEST, A DISTANCE OF
127.05 FEET TO A POINT FOR CORNER;
SOUTH 49 DEGREES 25 MINUTES 05 SECONDS WEST, A DISTANCE OF
50.00 FEET TO A POINT FOR CORNER;
NORTH 40 DEGREES 34 MINUTES 55 SECONDS WEST, A DISTANCE OF
367.98 FEET TO A POINT FOR CORNER;
NORTH 49 DEGREES 25 MINUTES 05 SECONDS EAST, A DISTANCE OF
50.00 FEET TO A POINT FOR CORNER;
SOUTH 40 DEGREES 34 MINUTES 55 SECONDS EAST, A DISTANCE OF
64.81 FEET TO A POINT FOR CORNER;
NORTH 52 DEGREES 50 MINUTES 41 SECONDS EAST, A DISTANCE OF
96.98 FEET TO A POINT FOR CORNER;
SOUTH 85 DEGREES 01 MINUTE 55 SECONDS EAST, A DISTANCE OF
103.11 FEET TO A POINT FOR CORNER;
NORTH 68 DEGREES 32 MINUTES 14 SECONDS EAST, A DISTANCE OF
96.68 FEET TO A POINT FOR CORNER;
NORTH 55 DEGREES 08 MINUTES 33 SECONDS EAST, A DISTANCE OF
214.34 FEET TO A POINT FOR CORNER;
NORTH 74 DEGREES 25 MINUTES 53 SECONDS EAST, A DISTANCE OF
261.89 FEET TO A POINT FOR CORNER;
NORTH 79 DEGREES 18 MINUTES 51 SECONDS EAST, A DISTANCE OF
108.28 FEET TO A POINT FOR CORNER;
NORTH 31 DEGREES 21 MINUTES 44 SECONDS EAST, A DISTANCE OF
143.56 FEET TO A POINT FOR CORNER;
NORTH 11 DEGREES 17 MINUTES 29 SECONDS EAST, A DISTANCE OF
178.12 FEET TO A POINT FOR CORNER;
NORTH 50 DEGREES 23 MINUTES 09 SECONDS EAST, A DISTANCE OF
263.88 FEET TO A POINT FOR CORNER;
NORTH 19 DEGREES 08 MINUTES 50 SECONDS EAST, A DISTANCE OF
167.48 FEET TO A POINT FOR CORNER;
NORTH 42 DEGREES 52 MINUTES 54 SECONDS EAST, A DISTANCE OF
315.68 FEET TO A POINT FOR CORNER;
NORTH 60 DEGREES 14 MINUTES 32 SECONDS EAST, A DISTANCE OF
227.32 FEET TO A POINT FOR CORNER;
NORTH 33 DEGREES 10 MINUTES 39 SECONDS EAST, A DISTANCE OF
231.68 FEET TO A POINT FOR CORNER ON THE NORTH LINE OF
AFORESAID 61.905 ACRE TRACT AND THE COMMON SOUTH LINE OF THE
REMAINDER OF AFORESAID 275.00 ACRE TRACT;
THENCE, NORTH 89 DEGREES 28 MINUTES 39 SECONDS EAST, ALONG SAID
COMMON LINE, A DISTANCE OF 168.47 FEET TO THE POINT OF BEGINNING
AND CONTAINING A CALCULATED AREA OF 1,902,744 SQUARE FEET OR 43.681
ACRES OF LAND.
CITY OF ANNA, TEXAS
(Property rezoned under this ordinance is generally located on the north side of Hackberry Drive,
480± feet west of Ferguson Parkway)
AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S
COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND CHANGING THE
ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR SA VIN GS,
REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE;
PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST
PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR
THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City of Anna, Texas ("City") has previously adopted ordinances, rules and regulations
governing the zoning in the City; and
WHEREAS, the City has received a requested zoning change on Property described in Exhibit A
("Property") attached hereto and incorporated herein for all purposes as if set forth in full; and
WHEREAS, said Prope1iy generally located on the north side of Hackberry Drive, 480± feet west of
Ferguson Parkway being rezoned from Single-Family Residential -Large Lot (SF-E) to Planned
Development (PD) zoning; and
WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City of Anna
("City Council") have given the requisite notices by publication and otherwise and have held the public
hearings as required by law and afforded a full and fair hearing to all prope1iy owners and generally to all
persons interested in and situated in the affected area and in the vicinity thereof, the City Council has
concluded that the Zoning Ordinance of the City should be amended as set fmih below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS THAT:
Section 1. Recitals Incorporated
The above recitals are incorporated herein by reference for all purposes.
Section 2. Zoning Change
The Anna City Code of Ordinances are hereby amended by changing the zoning of the Prope1iy described
in Exhibit A from Single-Family Residential -Large Lot (SF-E) to Planned Development (PD) zoning. The
Planned Development (PD) zoning regulations limit the permitted uses and development standards of the
Property or any part thereof to those permitted in the SF-60 Single-Family Residence District and C-1
Restricted Commercial District, unless otherwise specified herein, as depicted in the Concept Plan on the
attached Exhibit B.
A. Development Standards:
l. SF-60 Residential Zoning District Area Regulations:
a. Side Yard, Interior: 5 feet.
b. Rear yard:
1. 20 feet -lots backing to either a minor or major collector, to include the
minimum 15 feet-wide landscape tract adjacent to a major collector.
ii. l 0 feet -all other lots
c. Front Yard: 20 feet with no additional encroachments.
d. Min. Lot Area: 5,500 sq. ft./ overall average 6,600 sq. ft.
e. Min. Lot Width: 50 feet / overall average 60 feet.
f. Min. Lot Depth:
1. 120 feet -lots backing to either a minor or major collector, to include
the minimum 15 feet-wide landscape tract adjacent to a major collector.
11. 110 feet -all other lots.
g. Max. Lot Coverage: 60%
h. Building Size: min. 1,500 sq. ft.
2. Maximum total residential lots not to exceed 800.
3. Single-family development is restricted to a front-entry product.
4. Streets:
a. The maximum length of any block or street segment shall be 1,600 feet and the
minimum length shall be 300 feet.
b. The street patterns depicted in the approved Concept Plan shall fulfill minimum
curvilinear street requirement, either as a whole or by phase.
c. The Planned Development is responsible for construction of one-half of the
divided roadway section of future Ferguson Parkway and one-half of the
divided roadway of future Hackberry Drive to the extent located within or
adjacent to the Planned Development.
2
Section 3.
5. Fencing: Fencing along the rear property boundary of any lot backing to natural
drainage areas or creeks are restricted to wrought iron, tubular steel, or tubular
aluminum and must be at least 50% open construction.
6. Amenities: Amenity center with swimming pool, restroom and changing area, an 8-
foot wide concrete sidewalk/trail, and a trailhead with playground and park benches
along with pet waste stations shall be provided in general conformance to the locations
identified on the approved Concept Plan.
7. The area identified as "Mixed Use" on the approved Concept Plan may be developed
entirely as either C-1 Restricted Commercial or SF-60 Single-Family Residence
District as amended by the PD.
B. Plats and/or site plans submitted for the development of the PD shall conform to the data
presented and approved on the Conceptual Development plan. Non-substantial changes of
detail on the final development plan(s) that differ from the Conceptual Development plan
may be authorized by the City Council with the approval of the final development plan(s)
and without public hearing.
C. The Conceptual Development Plan will expire after two (2) years of approval.
Official Zoning Map
The official Zoning Map of the City shall be corrected to reflect the change in zoning described herein.
Section 4. Savings, Repealing and Severability Clauses
It is hereby declared to be the intention of the City Council that the words, sentences, paragraphs,
subdivisions, clauses, phrases, and provisions of this ordinance are severable and, if any phrase, sentence,
paragraph, subdivision, clause, or provision of this ordinance shall be declared unconstitutional or otherwise
invalid or inapplicable by the valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality, invalidity or inapplicability shall not affect any of the remaining words, sentences,
paragraphs, subdivisions, clauses, phrases, or provisions of this ordinance, since the same would have been
enacted by the City Council without the incorporation in this ordinance of any such unconstitutional, invalid
or inapplicable words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Fmiher, all
ordinances or paiis of ordinances in force when the provisions of this ordinance become effective that are
consistent and do not conflict with the terms and provisions of this ordinance are hereby ratified to the
extent of such consistency and lack of conflict, and all ordinances or parts of ordinances in force when the
provisions of this ordinance become effective that are inconsistent or in conflict with the terms and
provisions contained in this ordinance are hereby repealed only to the extent of any such conflict.
Section 5. Penalty
Any violation of any of the terms of this ordinance, whether denominated in this ordinance as unlawful or
not, shall be deemed a misdemeanor. Any person convicted of any such violation shall be fined in an amount
not to exceed $2,000 for each incidence of violation. Each day a violation exists is considered a separate
offense and will be punished separately.
3
Section 6. Publication of the Caption and Effective Date
This ordinance shall be effective upon its passage by the City Council, approval by the Mayor, and posting
and/or publication, if required by law, of its caption. The City Secretary is hereby authorized and directed
to implement such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas this 10th day of December 2019.
ATTESTED: APPROVED:
Carrie L. Smith, City Secretary
4
[EXHIBIT A I
LEGAL DESCRIPTION
TRACT 1
161.250 ACRES
BEING A 161.250 ACRE TRACT OF LAND SITUATED IN THE FRANCIS T. DUFFAU
SURVEY, ABSTRACT NO. 288, CITY OF ANNA E.T.J., COLLIN COUNTY, TEXAS,
AND BEING ALL OF A CALLED 162.12 ACRE TRACT OF LAND CONVEYED TO QJR
PARTNERSHIP, LTD. BY DEED RECORDED IN VOLUME 5106, PAGE 2380,
OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS AND SAID 162.12 ACRE
TRACT BEING DESCRIBED IN DEED TO LORRAINE SHERLEY, AS RECORDED IN
VOLUME 784, PAGE 34, DEED RECORDS, COLLIN COUNTY, TEXAS. BEING ALL
OF A CALLED 80 ACRE TRACT OF LAND CONVEYED AS FIRST TRACT, ALL OF A
CALLED 40.86 ACRE TRACT OF LAND CONVEYED AS THIRD TRACT, ALL OF A
CALLED 10 ACRE TRACT OF LAND CONVEYED AS FOURTH TRACT, ALL OF A
CALLED 10 ACRE TRACT OF LAND CONVEYED AS FIFTH TRACT, AND ALL OF A
CALLED 21.26 ACRE TRACT OF LAND CONVEYED AS SIXTH TRACT. SAID
161.250 ACRE TRACT WITH BEARING BASIS BEING GRID NORTH, TEXAS STATE
PLANE COORDINATES, NORTH CENTRAL ZONE, NAD83 (NAD83 (2011) EPOCH
2010), DETERMINED BY GPS OBSERVATIONS, CALCULATED FROM DENTON
CORS ARP (PID-DF8986) AND DALLAS CORS ARP (PID-DF8984) AND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA
SURVEYING" SET FOR THE SOUTHWEST CORNER OF SAID 21.26 ACRE SIXTH
TRACT, THE COMMON NORTHWEST CORNER OF LOT 56, BLOCK F AND THE
NORTHEAST CORNER OF LOT 3, BLOCK G OF CREEKSIDE PHASE 3, AN
ADDITION TO THE CITY OF ANNA ACCORDING TO THE PLAT RECORDED IN
CABINET P, SLIDE 623, PLAT RECORDS, COLLIN COUNTY, TEXAS AND BEING
THE COMMON SOUTHEAST CORNER OF CALLED 50.53 ACRE TRACT OF LAND
CONVEYED BY DEED TWO-J PARTNERS, LLLP RECORDED IN COUNTY CLERK'S
FILE NO. 20080509000562500, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY,
TEXAS;
THENCE, ALONG THE COMMON EAST LINE OF SAID 50.53 ACRE TRACT AND
THE WEST LINE OF SAID 21.26 ACRE SIXTH TRACT AND THE WEST LINE OF
SAID 10 ACRE FOURTH TRACT, THE FOLLOWING COURSES AND DISTANCES:
NORTH 00 DEGREES 40 MINUTES 32 SECONDS EAST, A DISTANCE OF
260.50 FEET TO A POINT FOR CORNER;
NORTH 00 DEGREES 59 MINUTES 07 SECONDS EAST, A DISTANCE OF
1115.83 FEET TO A POINT FOR CORNER;
NORTH 00 DEGREES 49 MINUTES 32 SECONDS EAST, A DISTANCE OF
309.20 FEET TO A POINT FOR CORNER;
S:\NTX-LAND\00771200 SURVEY\230 Legal Descriptions\0077BY01-TRACT 1.docx
Page 1 of 3
NORTH 00 DEGREES 36 MINUTES 32 SECONDS EAST, A DISTANCE OF
368.00 FEET TO A POINT FOR CORNER;
NORTH 00 DEGREES 42 MINUTES 32 SECONDS EAST, A DISTANCE OF
596.23 FEET TO A P.K. NAIL WITH SHINER STAMPED "LJA SURVEYING
SURVEYING" SET FOR CORNER, SAID POINT LYING IN COLLIN COUNTY
ROAD NO. 370 (A PRESCRIPTIVE RIGHT OF WAY), SAID POINT BEING THE
COMMON NORTHWEST CORNER OF SAID 10 ACRE FOURTH TRACT AND
THE NORTHEAST CORNER OF SAID 50.53 ACRE TRACT AND BEING ON
THE SOUTH LINE OF A CALLED 64.5 TRACT ACRE OF LAND CONVEYED
TO QJR PARTNERSHIP, LTD. BY DEED RECORDED IN VOLUME 5106,
PAGE 2380, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS AND
SAID 64.5 ACRE TRACT BEING DESCRIBED AS SECOND TRACT IN SAID
VOLUME 784, PAGE 34, DEED RECORDS, COLLIN COUNTY, TEXAS;
THENCE, SOUTH 88 DEGREES 56 MINUTES 00 SECONDS EAST, ALONG THE
COMMON SOUTH LINE OF SAID 64.5 ACRE SECOND TRACT AND THE NORTH
LINES OF SAID 10 ACRE FOURTH TRACT, SAID 21.26 ACRE SIXTH TRACT, SAID
80 ACRE FIRST TRACT, SAID 10 ACRE FIFTH TRACT, AND SAID 40.86 ACRE
THIRD TRACT, A DISTANCE OF 2,654.98 FEET TO A 5/8" IRON ROD WITH
YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR THE NORTHEAST
CORNER OF SAID 40.86 ACRE THIRD TRACT AND THE COMMON NORTHWEST
CORNER OF A CALLED A 111.666 ACRE TRACT OF LAND CONVEYED BY DEED
TO OAKWOOD VILLAGE APARTMENTS, INC., RECORDED IN COUNTY CLERK'S
FILE NO. 20171201001594200, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY,
TEXAS;
THENCE, SOUTH 00 DEGREES 33 MINUTES 44 SECONDS WEST, ALONG THE
COMMON EAST LINE OF SAID 40.86 ACRE THIRD TRACT AND THE WEST LINE
OF SAID 111.666 ACRE TRACT, A DISTANCE OF 2640.17 FEET TO A 5/8" IRON
ROD WITH YELLOW PLASTIC CAP STAMPED "J.E. SMITH 3700" FOUND FOR THE
COMMON SOUTHEAST CORNER OF SAID 40.86 ACRE THIRD TRACT AND THE
SOUTHWEST CORNER OF SAID 111.666 ACRE TRACT, SAID POINT LYING ON
THE NORTH LINE OF A 17.455 ACRE TRACT OF LAND CONVEYED AS TRACT 1
NORTH, TO LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION, LTD.,
RECORDED IN COUNTY CLERK'S FILE NO. 20180614000736900, OFFICIAL
PUBLIC RECORDS, COLLIN COUNTY, TEXAS;
THENCE, NORTH 88 DEGREES 46 MINUTES 28 SECONDS WEST, ALONG THE
COMMON SOUTH LINE OF SAID 40.86 ACRE THIRD TRACT, THE SOUTH LINE OF
AFORESAID 10.00 ACRE FIFTH TRACT, AND THE NORTH LINE OF SAID 17.455
ACRE TRACT, A DISTANCE OF 803.28 FEET TO A 5/8" IRON ROD FOUND FOR
THE COMMON NORTHWEST CORNER OF SAID 17.455 ACRE TRACT AND THE
NORTHEAST CORNER OF THE FALLS PHASE 2, AN ADDITION TO THE CITY OF
S:\NTX-LAND\0077\200 SURVEY\230 Legal Descriptions\0077BY01-TRACT 1.docx
Page 2 of 3
ANNA ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET P, PAGE
870, PLAT RECORDS, COLLIN COUNTY TEXAS;
THENCE, ALONG THE COMMON NORTH LINE OF SAID THE FALLS PHASE 2,
CONTINUING ALONG THE SOUTH LINE OF SAID 10.00 ACRE FIFTH TRACT AND
ALONG THE SOUTH LINE OF AFORESAID 80 ACRE FIRST TRACT, THE
FOLLOWING COURSES AND DISTANCES:
NORTH 89 DEGREES 00 MINUTES 01 SECOND WEST, A DISTANCE OF
642.80 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED
"LJA SURVEYING" SET FOR CORNER;
NORTH 89 DEGREES 04 MINUTES 18 SECONDS WEST, A DISTANCE OF
13.58 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED
"LJA SURVEYING" SET FOR CORNER;
NORTH 89 DEGREES 18 MINUTES 16 SECONDS WEST, A DISTANCE OF
715.13 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED
"LJA SURVEYING" SET FOR CORNER AT THE COMMON NORTHWEST
CORNER OF THE FALLS PHASE 2, THE NORTHEAST CORNER OF
AFORESAID CREEKSIDE PHASE 3, THE SOUTHWEST CORNER OF SAID 80
ACRE FIRST TRACT AND THE SOUTHEAST CORNER OF AFORESAID 21.26
ACRE SIXTH TRACT;
THENCE, NORTH 89 DEGREES 41 MINUTES 14 SECONDS WEST, ALONG THE
COMMON SOUTH LINE OF SAID 21.26 ACRE SIXTH TRACT AND THE NORTH LINE
OF SAID CREEKSIDE PHASE 3, A DISTANCE OF 492.18 FEET TO THE POINT OF
BEGINNING AND CONTAINING A CALCULATED AREA OF 7,024,033 SQUARE
FEET OR 161.250 ACRES OF LAND.
S:\NTX-LAND\0077\200 SURVEY\230 Legal Descriptions\0077BY01-TRACT 1.docx
Page 3 of 3
LEGAL DESCRIPTION
TRACT 2
61.905 ACRES
BEING A 61.905 ACRE TRACT OF LAND SITUATED IN THE JOHN ELLET SURVEY,
ABSTRACT NO. 296, CITY OF ANNA E.T.J., COLLIN COUNTY, TEXAS, AND BEING
PART OF A 64.50 ACRE TRACT OF LAND CONVEYED TO QJR PARTNERSHIP,
LTD. BY DEED RECORDED IN VOLUME 5106, PAGE 2380, OFFICIAL PUBLIC
RECORDS, COLLIN COUNTY, TEXAS AND SAID 64.5 ACRE TRACT BEING
DESCRIBED AS SECOND TRACT IN THE DEED TO LORRAINE SHERLEY, AS
RECORDED IN VOLUME 784, PAGE 34, DEED RECORDS, COLLIN COUNTY,
TEXAS. SAID 61.905 ACRE TRACT WITH BEARING BASIS BEING GRID NORTH,
TEXAS STATE PLANE COORDINATES, NORTH CENTRAL ZONE, NAD83 (NAD83
(2011) EPOCH 2010), DETERMINED BY GPS OBSERVATIONS, CALCULATED
FROM DENTON CORS ARP (PID-DF8986) AND DALLAS CORS ARP (PID-DF8984)
AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING AT A 1" IRON PIPE (BENT) FOUND FOR THE SOUTHEAST CORNER
OF SAID 64.5 ACRE SECOND TRACT AND BEING THE COMMON
NORTHEASTERLY NORTHWEST CORNER OF A 111.666 ACRE TRACT OF LAND
CONVEYED BY DEED TO OAKWOOD VILLAGE APARTMENTS, INC., RECORDED
IN COUNTY CLERK'S FILE NO. 20171201001594200, OFFICIAL PUBLIC RECORDS,
COLLIN COUNTY, TEXAS, FROM WHICH 5/8" IRON ROD FOUND FOR AN
INTERIOR ELL CORNER OF SAID 111.666 ACRE TRACT AND THE COMMON
SOUTHWEST CORNER OF A 50.00 ACRE TRACT OF LAND CONVEYED BY DEED
TO KA VASA FAMILY, LTD., RECORDED IN COUNTY CLERK'S FILE NO.
20171012001368980, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS
BEARS SOUTH 01 DEGREE 15 MINUTES 53 SECONDS WEST, A DISTANCE OF
36.09 FEET;
THENCE, NORTH 88 DEGREES 57 MINUTES 17 SECONDS WEST, ALONG THE
COMMON SOUTH LINE OF SAID 64.5 ACRE SECOND TRACT AND THE NORTH
LINE OF SAID 111.666 ACRE TRACT, A DISTANCE OF 33.92 FEET TO A 5/8" IRON
ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR THE
NORTHWEST CORNER OF SAID 111.666 ACRE TRACT AND THE COMMON
NORTHEAST CORNER OF A CALLED 40.86 ACRE THIRD TRACT AS RECORDED
IN SAID VOLUME 784, PAGE 34, DEED RECORDS, COLLIN COUNTY, TEXAS;
THENCE, NORTH 88 DEGREES 56 MINUTES 00 SECONDS WEST, ALONG THE
COMMON SOUTH LINE OF SAID 64.5 ACRE SECOND TRACT AND THE NORTH
LINES OF SAID 40.86 ACRE THIRD TRACT, A CALLED 10 ACRE TRACT OF LAND
CONVEYED AS FIFTH TRACT, A CALLED 80 ACRE TRACT OF LAND CONVEYED
AS FIRST TRACT, A CALLED 21.26 ACRE TRACT OF LAND CONVEYED AS SIXTH
S:\NTX-LAND\0077\200 SURVEY\230 Legal Descriptions\0077BY01-TRACT 2.docx
Page 1 of 3
TRACT, AND A CALLED 10 ACRE TRACT OF LAND CONVEYED AS FOURTH
TRACT, AS RECORDED IN SAID VOLUME 784, PAGE 34, DEED RECORDS,
COLLIN COUNTY, TEXAS, A DISTANCE OF 2,654.98 FEET TO A P.K. NAIL WITH
SHINER STAMPED "LJA SURVEYING" SET FOR THE NORTHWEST CORNER OF
SAID FOURTH TRACT AND THE COMMON NORTHEAST CORNER OF A CALLED
50.53 ACRE TRACT OF LAND CONVEYED BY DEED TWO-J PARTNERS, LLLP
RECORDED IN COUNTY CLERK'S FILE NO. 20080509000562500, OFFICIAL
PUBLIC RECORDS, COLLIN COUNTY, TEXAS;
THENCE, NORTH 88 DEGREES 48 MINUTES 28 SECONDS WEST, ALONG THE
COMMON NORTH LINE OF A 50.53 ACRE TRACT AND THE SOUTH LINE OF SAID
64.5 ACRE SECOND TRACT, A DISTANCE OF 251.32 FEET TO A 5/8" IRON ROD
WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER,
SAID POINT BEING THE SOUTHWEST CORNER OF SAID 64.5 ACRE SECOND
TRACT AND THE SOUTHEAST CORNER OF A 38.15 ACRE TRACT OF LAND
CONVEYED BY DEED AS TRACT 7 TO MJLA ADAMS, LTD. RECORDED IN
COUNTY CLERK'S FILE NO. 20110505000462590, OFFICIAL PUBLIC RECORDS,
COLLIN COUNTY, TEXAS;
THENCE, NORTH 01 DEGREE 38 MINUTES 26 SECONDS WEST, ALONG THE
COMMON WEST LINE OF SAID 64.5 ACRE SECOND TRACT AND THE EAST LINE
OF SAID 38.15 ACRE TRACT, A DISTANCE OF 509.20 FEET TO A P.K. NAIL WITH
SHINER STAMPED "LJA SURVEYING" SET FOR CORNER, SAID POINT BEING THE
NORTHEAST CORNER OF SAID 38.15 ACRE TRACT AND THE SOUTHEAST
CORNER OF A 17.863 ACRE TRACT OF LAND CONVEYED BY DEED TO ANNA 18,
LLC RECORDED IN COUNTY CLERK'S FILE NO. 20161020001423440, OFFICIAL
PUBLIC RECORDS, COLLIN COUNTY, TEXAS;
THENCE, DEPARTING SAID WEST LINE OF SAID 64.5 ACRE SECOND TRACT AND
OVER AND ACROSS SAID 64.5 ACRE SECOND TRACT, THE FOLLOWING
COURSES AND DISTANCES:
NORTH 89 DEGREES 28 MINUTES 39 SECONDS EAST, A DISTANCE OF
500.77 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED
"LJA SURVEYING" SET FOR CORNER;
NORTH 00 DEGREES 31 MINUTES 21 SECONDS WEST, A DISTANCE OF
432.96 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED
"LJA SURVEYING" SET FOR CORNER ON THE NORTH LINE OF SAID 64.5
ACRE SECOND TRACT AND THE COMMON SOUTH LINE OF A 159.725
ACRE TRACT OF LAND CONVEYED BY DEED TO LHJH MANAGEMENT
COMPANY LLC RECORDED IN COUNTY CLERK'S FILE NO.
20061003001424590, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY,
TEXAS;
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Page 2 of 3
THENCE, NORTH 89 DEGREES 28 MINUTES 39 SECONDS EAST, ALONG THE
COMMON NORTH LINE OF SAID 64.5 ACRE SECOND TRACT, AND THE SOUTH
LINE OF SAID 159.725 ACRE TRACT, A DISTANCE OF 2,480.20 FEET TO A 5/8"
IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR
THE NORTHEAST CORNER OF SAID 64.5 ACRE SECOND TRACT AND THE
COMMON SOUTHEAST CORNER OF SAID 159.725 ACRE TRACT, SAID POINT
BEING ON THE WEST LINE OF AFORESAID KAYASA FAMILY 50.00 ACRE TRACT;
THENCE, SOUTH 01 DEGREE 15 MINUTES 53 SECONDS WEST, ALONG THE
COMMON EAST LINE OF SAID 64.5 ACRE SECOND TRACT AND THE WEST LINE
OF SAID 50.00 ACRE TRACT, A DISTANCE OF 1024.64 FEET TO THE POINT OF
BEGINNING AND CONTAINING A CALCULATED AREA OF 2,696,563 SQUARE
FEET OR 61.905 ACRES OF LAND.
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Page 3 of 3
ZONING:
SF-E
1111111111111111
111111111
ZONING :
PD 2001-12
0 250 500
i i i
COUNTY ROAD 370
ZONING :
PD 507-2010
l------'-'---1---1--JL--I 1---_.-AMENITY
CENTER WIT
t---'-~'----=r.t PLA YG RO UNO
ZONING:
PD 2001-23
STORMWATE
DETENTION
HACKBERRY DR.
(MlljQR COLLECTOR)
CONCEPT PLAN
MEADOW VISTA
BLOOMFIELD HOMES
NOVEMBER 2019
LJA Engineering, Inc.
6060 North Central Expressway
Suite 440
Phone 469.621 .0710
DESCRIPTION:
CITY OF ANNA
PLANNING & ZONING COMMISSION
December 2, 2019
Agenda Item No. 6B
Applicant: Bloomfield Homes
Request to rezone 223.0± acres located on the north side of Hackberry Drive, 480± feet
west of Ferguson Parkway from Single-Family Residential -Large Lot to Planned
Development-Single-Family Residence-60/Restricted Commercial District.
REMARKS:
The applicant is requesting to rezone the subject property to Planned Development
Single-Family Residence-60/Restricted Commercial District (PD-SF-60/C-1) to allow for
a single-family residential development with modified development standards which may
include a nonresidential component. A PD district is intended to provide for combining
and mixing of uses allowed in various districts with appropriate regulations and to permit
flexibility in the use and design of land and buildings in situations where modification of
specific provisions of this article is not contrary to its intent and purpose or significantly
inconsistent with the planning on which it is based and will not be harmful to the
community. A PD district may be used to permit new and innovative concepts in land
utilization. While great flexibility is given to provide special restrictions which will allow
development not otherwise permitted, procedures are established herein to insure against
misuse of the increased flexibility. The SF-60 Single-Family Residential District is
designed to accommodate single-family residential development on relatively ample lots.
The district can be appropriately located in proximity to agricultural and single-family
residential uses. The C-1 district is established to accommodate the shopping needs of
residents in adjacent residential areas. This district is meant to be used in limited areas,
where retail or service establishments deal directly with customers. Businesses in the C-
1 district should be oriented to satisfying the daily and frequent shopping needs of the
neighborhood consumer.
A concept plan, Meadow Vista, accompanies this request as Agenda Item 6C.
Surrounding Land Use and Zoning
North Vacant land zone Aqricultural
East Across future Ferguson Parkway vacant land zoned Agricultural and vacant
land zoned PD-SF-72 Single-Family Residence. At the southeastern portion
of the tract vacant land zoned PD-NC Neiqhborhood Convenience
South Across future Hackberry Drive vacant land zoned PD-SF-72, and two existing
residential subdivisions (The Falls and Creekside) zoned PD-R-1.
West Vacant tract zoned PD-C-1 Restricted Commercial and vacant tracts zoned
SF-E Single-Family Residential -Larqe Lot
Proposed Planned Development Stipulations
The requested zoning is PD-SF-60/C-1. There are two primary parts to this request: land
use and design standards.
Land Use -The applicant is proposing to rezone the subject property to allow for a single
family residential subdivision with a nonresidential component.
Design Standards -The language in the proposed PD district would allow for a single
family residential development with modified area regulations and nonresidential that
would be limited to the northwest portion of the zoning request.
Conformance with the City of Anna Strategic Plan and Comprehensive Plan
Anna Vision 2034
a. Principle 3: Preserved some natural areas/open space through the
community.
b. Principle 5: Great Housing Opportunities.
i. Diverse housing choices for all family generations: small lots,
townhomes, estate homes, "ranchette", apartments, mixed-use
development.
ii. Safe, well-design, well-maintained multi-family and single-family
rental housing.
City of Anna Goals for 2024
a. Goal 2: Sustainable Anna Community Through Planned, Managed Growth.
i. Having new buildings and homes that are attractive and using the
appropriate building materials and meeting City's architectural
standards.
AGENDA ITEM NO. 5B (12/02/19) PAGE 2 OF 5
ii. Develop City infrastructure to support a growing community.
iii. Having a range of housing choice available in Anna.
Future Land Use Plan -The Future
Land Use Plan identifies four land use
designations within the subject
property. Single Family (yellow) Parks
(green), and medium density (orange),
and Commercial (red). The proposed
zoning request is in conformance with
the Future Lane use Plan.
Adequacy of Public Facilities -Water
and sanitary sewer services are
available to serve the subject property;
however, the applicant may be
responsible for making improvements
to either the water and/or sanitary
sewer system to increase the system
capacity if required.
ISSUES:
Residential Form.
The applicant has indicated the zoning request is a continuation of the established
subdivisions to the south with the exception of the minimum lot depth which has been
increased to allow for a larger building pad site.
Below is a comparison between the proposed area regulations and the existing
subdivisions regulations
PO-SF-60 The Falls & SF-60
Creekside
Min . front yard 20 ft. 20 ft. 25 ft.
Min. side vard 5 ft. I 15 ft. corner 5 ft. I 10 ft. corner 10 ft. / 15 ft. corner
Min . rear 15 ft. adjacent to 15 ft. 25 ft.
collector R.O.W. / 10 ft.
elsewhere
Min. lot area 5,500 sq. ft. / 6,000 sq. ft. 6.000 sq. ft.
6,600 sq. ft. averaQe
Min. lot width 50 ft. 50 ft. 50 ft.
AGENDA ITEM NO . 5B (12/02/19) PAGE 3 OF 5
Min. lot depth 120 ft. adjacent to 90 ft. 120 ft.
collector R.O.W. I 110
ft. elsewhere
Min. building size 1,500 sq. ft. 1,200 sq. ft. 1,600 sq. ft.
Max. lot coveraqe 60% 50% 45%
SUMMARY:
The applicant is requesting to rezone 223.0± acres to allow for the development of a SF-
60 single-family residential subdivision with modified standards. As part of the request
the applicant is reserving an area that can be built either to C-1 Restricted Commercial
district standards or modified SF-60 standards that is shown on the companion Concept
Plan. The request is in conformance with the future land use plan and elements of the
City of Anna Strategic Plan due to diversifying housing stock, preserving and enhancing
natural areas with a trail system, meeting masonry building material requirements, and
extending two significant collector roadways. For these reasons, staff is in support of the
rezoning request.
RECOMMENDATION:
Recommended for approval as follows:
The permitted uses and standards shall be in conformance with the SF-60 Single-Family
Residence District and C-1 Restricted Commercial District, unless otherwise specified
herein.
1. SF-60 Residential Zoning District Area Regulations:
a. Side Yard, Interior: 5 feet.
b. Rear yard:
i. 20 feet -lots backing to either a minor or major collector, to include
the minimum 15 feet-wide landscape tract adjacent to a major
collector.
ii. 10 feet -all other lots
c. Front Yard: 20 feet with no additional encroachments.
d. Min. Lot Area: 5,500 sq. ft./ overall average 6,600 sq. ft.
e. Min. Lot Width: 50 feet I overall average 60 feet.
f. Min. Lot Depth:
AGENDA ITEM NO. 5B (12/02/19) PAGE 4 OF 5
i. 120 feet -lots backing to either a minor or major collector, to include
the minimum 15 feet-wide landscape tract adjacent to a major
collector.
ii. 110 feet -all other lots.
g. Max. Lot Coverage: 60%
h. Building Size: min. 1,500 sq. ft.
2. Maximum total residential lots not to exceed 800.
3. Single-family development is restricted to a front-entry product.
4. Streets:
a. The maximum length of any block or street segment shall be 1,600 feet and
the minimum length shall be 300 feet.
b. The street patterns depicted in the approved Concept Plan shall fulfill
minimum curvilinear street requirement, either as a whole or by phase.
c. The Planned Development is responsible for construction of one-half of the
divided roadway section of future Ferguson Parkway and one-half of the
divided roadway of future Hackberry Drive to the extent located within or
adjacent to the Planned Development.
5. Fencing: Fencing along the rear property boundary of any lot backing to natural
drainage areas or creeks are restricted to wrought iron, tubular steel, or tubular
aluminum and must be at least 50% open construction.
6. Amenities: Amenity center with swimming pool, restroom and changing area, an
8-foot wide concrete sidewalk/trail, and a trailhead with playground and park
benches along with pet waste stations shall be provided in general conformance
to the locations identified on the approved Concept Plan.
7. The area identified as "Mixed Use" on the approved Concept Plan may be
developed entirely as either C-1 Restricted Commercial or SF-60 as amended by
the PD.
AGENDA ITEM NO. 5B (12/02/19) PAGE 5 OF 5
THE CITY OF Anna N
A
D Proposed Site CJ Parcels
375 750 1,500
--Feet December20 19
EXHIBIT C
CONCEPT PLAN
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Ro
Item No. 6.d.
City Council Agenda
Staff Report
Meeting Date: 12/9/2025
Staff Contact: Terri Doby
AGENDA ITEM:
Approve the Quarterly Investment Report for the Period Ending September 30, 2025.
(Director of Finance Terri Doby)
SUMMARY:
In accordance with the Public Funds Investment Act (PFIA), the City of Anna is required
to submit a quarterly report on the investments of public funds held by the City. The
report includes:
• Summary of Investments by category
• Economic overview with charts showing historical data
• Total of investment holdings, including portfolio composition and maturity range
• Book and market comparison
The fiscal year-to-date average yield for the portfolio equaled 4.62%. Total cash and
investments increased $52.6 million for the quarter. The increase is attributed to the
issuance of $84 million in Certificates of Obligation earlier this summer.
FINANCIAL IMPACT:
Interest income for the quarter ending September 30, 2025, equaled $2.59 million.
Overall, interest income for the fiscal year-to-date was $9.28 million.
BACKGROUND:
According to the City of Anna's Investment Policy, funds will be administered and
invested in a manner that will preserve the principal, maintain liquidity, and optimize
earnings while meeting the daily cash flow requirements of the City and the guidelines
to be followed in achieving its objectives. The City of Anna invests funds in several
types of instruments, including Checking and Money Market accounts, Certificates of
Deposit, and Government Pool funds. Investment funds are currently held in
SouthState Bank and TexPool. The city works with Valley View Consulting, LLC to
maximize current interest rates while maintaining a high degree of safety and sufficient
liquidity to fund ongoing operations.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Excellent.
ATTACHMENTS:
1. 2025 09 Anna Quarterly Investment Report
FYE Results by Investment Category:
Asset Type Book Value Market Value Ave. Yield Book Value Market Value Ave. Yield
Bank DDA/MMA 80,631,377$ 80,631,377$ 5.35%150,869,191$ 150,869,191$ 4.59%
LGIPs 53,538,287 53,538,287 5.16%77,701,256 77,701,256 4.30%
Securities/CDs 68,615,070 68,615,070 5.26%5,000,000 5,000,000 4.07%
Totals 202,784,733$ 202,784,733$ 233,570,447$ 233,570,447$
Fourth Quarter-End Yield 5.27%4.48%
Average Quarter-End Yields (1):
2024 Fiscal Year 2025 Fiscal Year
Anna 5.46%4.62%
Rolling Three Month Treasury 5.42%4.38%
Rolling Six Month Treasury 5.34%4.35%
TexPool 5.29%4.36%
Fiscal YTD Interest Earnings 10,522,521$ 9,282,066$
(1) Average Quarterly Yield calculated using quarter-end report average yield and adjusted book value.
Annual Comparison
September 30, 2024 September 30, 2025
City of Anna Valley View Consulting, L.L.C.1
Quarter End Results by Investment Category:
Asset Type Ave. Yield Book Value Market Value Ave. Yield Book Value Market Value
Bank DDA/MMA 4.59%88,453,192$ 88,453,192$ 4.59%150,869,191$ 150,869,191$
LGIPs 4.30%86,318,225 86,318,225 4.30%77,701,256 77,701,256
Securities/CDs 5.04%6,152,681 6,152,681 4.07%5,000,000 5,000,000
Totals 4.47%180,924,099$ 180,924,099$ 4.48%233,570,447$ 233,570,447$
Average Yield - Current Quarter (1) Fiscal Year-to-Date Average Yield (2)
Total Portfolio 4.48%Total Portfolio 4.62%
Rolling Three Month Treasury 4.24%Rolling Three Month Treasury 4.38%
Rolling Six Month Treasury 4.17%Rolling Six Month Treasury 4.35%
Quarterly TexPool Yield 4.25%Quarterly TexPool Yield 4.36%
Interest Income (Approximate)
Year-to-date Interest Income 9,282,066$
Summary
(2) Fiscal Year-to-Date Average Yields - calculated using quarter end report yields and adjusted book values and does not reflect a total return analysis or account
for advisory fees.
(1) Averge Yield - Current Quarter - based on adjusted book value, realized and unrealized gains/losses and investment advisory fees are not considered. The
yield for the reporting month is used for bank, pool and money market balances.
September 30, 2025June 30, 2025
City of Anna Valley View Consulting, L.L.C.2
Economic Overview 10/31/2025
The Federal Open Market Committee (FOMC) cut the Fed Funds target again 10/29 to 3.75% - 4.00% (Effective Fed Funds trade +/-3.83%). The timing of additional rate cuts waned slightly from
Dec 2025 to Jan 2026. Bureau of Labor Statistics employment data is still unavailable. The S&P 500 Stock Index reached a new high (+/-6,800) from Sep's previous high (+/- 6,600). The yield
curve dips at 2 years rising thereafter. Crude Oil still bounces +/- $60s. Inflation continues above the FOMC 2% target (Core PCE +/-3.0% and Core CPI +/-3.0%). The Markets still face uncertain
economic outlooks, tariff impacts, US government shutdown, and political conflicts.
0
1,000
2,000
3,000
4,000
5,000
6,000
7,000
8,000
S&P 500
0.00
0.50
1.00
1.50
2.00
2.50
3.00
3.50
4.00
4.50
5.00
5.50
6.00 US Treasury Historical Yields - Since Nov 2018
Six Month T-Bill Two Year T-Note Ten Year T-Note
0.00
1.00
2.00
3.00
4.00
5.00
6.00 Treasury Yield Curves
October 31, 2024 July 31, 2025 October 31, 2025
0.00
0.50
1.00
1.50
2.00
2.50
3.00
3.50
4.00
4.50
5.00
5.50
6.00 US Treasury Historical Yields - Since 2006
Six Month T-Bill Two Year T-Note Ten Year T-Note
All numbers estimated and subject to change.Valley View Consulting, L.L.C.3
Investment Holdings
September 30, 2025
SouthState MMA 4.59%10/01/25 09/30/25 150,869,191$ 150,869,191$ 1.000 150,869,191$ 1 4.59%
TexPool LGIP AAAm 4.30%10/01/25 09/30/25 77,701,256 77,701,256 1.000 77,701,256 1 4.30%
SouthState CD 4.00%09/29/26 09/29/25 5,000,000 5,000,000 100.00 5,000,000 364 4.07%
233,570,447$ 233,570,447$ 233,570,447$ 9 4.48%
(1)(2)
(2) Weighted average yield to maturity - The weighted average yield to maturity is based on adjusted book value, realized and unrealized gains/losses and investment advisory fees are not
considered. The yield for the reporting month is used for pool and bank account investments.
(1) Weighted average life - For purposes of calculating weighted average life, pool and bank account investments are assumed to have a one day maturity.
City of Anna Valley View Consulting, L.L.C.4
Bank DDA/MMA
65%
Pools
33%Securities/CDs
2%
Portfolio Composition
$0
$50
$100
$150
$200
$250
Total Portfolio (Millions)
0.00
1.00
2.00
3.00
4.00
5.00
6.00
Pe
r
c
e
n
t
a
g
e
Total Portfolio Performance
TexPool Weighted Average Yield
$0
$25
$50
$75
$100
$125
$150
$175
$200
$225
$250
Distribution by Maturity Range (Millions)
City of Anna Valley View Consulting, L.L.C.5
Issuer/Description Yield Maturity
Date
Book Value
06/30/25 Increases Decreases Book Value
09/30/25
Market Value
06/30/25
Change in
Market Value
Market Value
09/30/25
SouthState MMA 4.59%10/01/25 88,453,192$ 62,415,998$ –$ 150,869,191$ 88,453,192$ 62,415,998$ 150,869,191$
TexPool LGIP 4.30%10/01/25 86,318,225 – (8,616,969) 77,701,256 86,318,225 (8,616,969) 77,701,256
SouthState CD 5.25%09/04/25 970,939 – (970,939) – 970,939 (970,939) –
SouthState CD 5.00%09/13/25 5,181,742 – (5,181,742) – 5,181,742 (5,181,742) –
SouthState CD 4.07%09/29/26 – 5,000,000 – 5,000,000 – 5,000,000 5,000,000
TOTAL / AVERAGE 4.48%180,924,099$ 67,415,998$ (14,769,650)$ 233,570,447$ 180,924,099$ 52,646,348$ 233,570,447$
Book & Market Value Comparison
City of Anna Valley View Consulting, L.L.C.6
Allocation
September 30, 2025
Book & Market Value Total General Fund
Fund -
General Funds
Water/Sewer
Bond Funds APFC PFC/HFC EDC CDC
Independent Financial Bank MMA 150,869,191$ 113,651,723$ 580,221$ –$ 15,138,970$ 93,018$ 4,920,059$ 7,486,248$ 8,998,953$
TexPool LGIP 77,701,256 32,093,566 – 39,836,380 – – – – 5,771,310
–
9/29/2026–SouthState CD 5,000,000 – – – 5,000,000 – – – –
Totals 233,570,447$ 145,745,289$ 580,221$ 39,836,380$ 20,138,970$ 93,018$ 4,920,059$ 7,486,248$ 14,770,263$
City of Anna Valley View Consulting, L.L.C.7
Allocation
June 30, 2025
Book & Market Value Total General Fund
Fund -
General Funds
Water/Sewer
Bond Funds APFC PFC/HFC EDC CDC
Independent Financial Bank MMA 88,453,192$ 41,654,791$ 2,561,901$ –$ 23,870,048$ 91,672$ 4,738,178$ 7,112,346$ 8,424,257$
TexPool LGIP 86,318,225 31,749,009 – 48,859,867 – – – – 5,709,349
09/04/25–SouthState CD 970,939 – – – 970,939 – – – –
09/13/25–SouthState CD 5,181,742 – – – 5,181,742 – – – –
Totals 180,924,099$ 73,403,800$ 2,561,901$ 48,859,867$ 30,022,729$ 91,672$ 4,738,178$ 7,112,346$ 14,133,606$
City of Anna Valley View Consulting, L.L.C.8
Item No. 6.e.
City Council Agenda
Staff Report
Meeting Date: 12/9/2025
Staff Contact: Terri Doby
AGENDA ITEM:
Approve an Ordinance granting to Oncor Electric Delivery Company LLC, its successors
and assigns, an electric power franchise to use the present and future streets, alleys,
highways, public utility easements, and public rights-of-way of the City of Anna, Texas.
(Director of Finance Terri Doby)
SUMMARY:
Attached is a proposed electric franchise renewal with Oncor Electric Delivery. The
proposed franchise has been prepared utilizing standard franchise language and
reviewed by our city attorney. The franchise proposes a term of 20 years and expires
on December 31, 2045.
FINANCIAL IMPACT:
The attached franchise incorporates existing payment provisions as contained in the
current franchise and franchise amendments.
BACKGROUND:
The attached franchise is a renewal of the agreement passed in December 2008 for the
period January 1, 2009 through December 31, 2023.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Excellent.
ATTACHMENTS:
1. Proposed Electric Franchise City of Anna
____________________________________________________
Anna Electric Franchise
ORDINANCE NO. ______________
:
SECTION 1. GRANT OF AUTHORITY: That there is hereby granted to Oncor Electric
Delivery Company LLC, its successors and assigns (herein called “Company”), the right, privilege
and franchise to construct, extend, maintain and operate in, along, under and across the present
and future streets, alleys, highways, easements held by the City to which the City holds the
property rights in regard to use for utilities, public ways and other public property (“Public Rights-
of-Way” or “Rights-of-Way”) of the City of Anna, Texas (herein called "City") electric power lines,
with all necessary or desirable appurtenances (including underground conduits, poles, towers,
wires, transmission lines, telephone and communication lines, and other structures for Company’s
own use), (herein called “Facilities”) for the purpose of delivering electricity to the City, the
inhabitants thereof, and persons, firms and corporations beyond the corporate limits thereof, for
the term set out in Section 13.
SECTION 2. Poles, towers and other structures shall be so erected as not to
unreasonably interfere with traffic over streets, alleys and highways. The location of electric power
lines and appurtenances in the public right-of-way as stated above shall be subject to the approval
of the City or an authorized agent designated by the City. This approval will be obtained through
the City’s permitting process (if required by City Ordinance), provided however, said approval
shall not be unreasonably withheld. Oncor shall promptly clean up and restore to approximate
original condition all easements, thoroughfares, and other surfaces which it may disturb.
SECTION 3. The City reserves the right to lay, and permit to be laid, storm, sewer, gas, water,
____________________________________________________
Anna Electric Franchise
wastewater and other pipe lines, cables, and conduits, or other improvements and to do and
permit to be done any underground or overhead work that may be necessary or proper in, across,
along, over, or under Public Rights-of-Way occupied by Company. The City also reserves the
right to change in any manner any curb, sidewalk, highway, alley, public way, street, utility lines
(or in the case of utility line owned by Company, to require that change by Company), storm
sewers, drainage basins, drainage ditches, and the like. City shall provide Company with at least
thirty (30) days’ notice when requesting Company to relocate facilities and shall specify a new
location for such facilities along the Public Rights-of-Way. Company shall, except in cases of
emergency conditions or work incidental in nature, obtain a permit, if required by City ordinance,
prior to performing work in the Public Rights-of-Way, except in no instance shall Company be
required to pay fees or bonds related to its use of the Public Rights-of-Way, despite the City’s
enactment of any ordinance providing the contrary. Company shall construct its facilities in
conformance with the applicable provisions of the National Electrical Safety Code. City-requested
relocations of Company facilities in the Public Rights-of-Way shall be at the Company’s expense;
provided however, if the City is the end use Retail Customer (customer who purchases electric
power or energy and ultimately consumes it) requesting the removal or relocation of Company
Facilities for its own benefit, or the City’s project requiring the relocation is solely
aesthetic/beautification in nature, it will be at the total expense of the City. Provided further, if the
relocation request includes, or is for, the Company to relocate above-ground facilities to an
underground location, City shall be fully responsible for the additional cost of placing the facilities
underground.
____________________________________________________
Anna Electric Franchise
Company for all removal or relocation expenses if Company agrees to the removal or relocation
of its facilities following abandonment of the Public Rights-of-Way. If the party to whom the Public
Rights-of-Way is abandoned requests the Company to remove or relocate its facilities and
Company agrees to such removal or relocation, such removal or relocation shall be done within
a reasonable time at the expense of the party requesting the removal or relocation. If relocation
cannot practically be made to another Public Rights-of-Way, the expense of any right-of-way
acquisition shall be considered a relocation expense to be reimbursed by the party requesting the
relocation.
____________________________________________________
Anna Electric Franchise
B. Automobile liability coverage with a minimum policy limit of one million
dollars ($1,000,000) combined single limit each accident. This
coverage shall include all owned, hired and non-owned automobiles.
C. Workers compensation and employer's liability coverage. Statutory
coverage limits for Coverage A and five hundred thousand dollars
($500,000) bodily injury each accident, five hundred thousand dollars
($500,000) each employee bodily injury by disease, and five hundred
thousand dollars ($500,000) policy limit bodily injury by disease
Coverage B employers' liability are required. Company must provide
the City with a waiver of subrogation for worker's compensation
claims.
D. Company must name the City, which includes all authorities,
commissions, divisions and departments, as well as elected and
appointed officials, agents, and volunteers, as an additional insured
under the coverage required herein, except Worker's Compensation
Coverage. The certificate of insurance must state that the City is an
additional insured.
E. Company will require its contractors and subcontractors to maintain,
at their sole cost and expense, a minimum of three million dollars
($3,000,000) each occurrence or each accident general liability and
automobile liability throughout the course of work performed. Also,
contractors and subcontractors will be required to maintain statutory
workers' compensation benefits in accordance with the regulations of
the State of Texas or state of jurisdiction as applicable. The minimum
limits for employers' liability insurance will be five hundred thousand
dollars ($500,000) bodily injury each accident, five hundred thousand
dollars ($500,000) each employee bodily injury by disease, five
hundred thousand dollars ($500,000) policy limit bodily injury by
disease.
____________________________________________________
Anna Electric Franchise
The Company will provide proof of its insurance in accordance with this Franchise within 30 days
of the effective date of the Franchise and annually thereafter. Company will not be required to
furnish separate proof when applying for permits.
A. In consideration of the granting of this Franchise, Company shall, at its sole cost
and expense, indemnify and hold the City, and its past and present officers, agents
and employees harmless against any and all liability arising from suits, actions or
claims regarding injury or death to any person or persons, or damages to any
property arising out of or occasioned by the intentional and/or negligent acts or
omissions of Company or any of its officers, agents, or employees in connection
with Company’s construction, maintenance and operation of Company’s Facilities
in the City Public Rights-of-Way, including any court costs, reasonable expenses
and reasonable defenses thereof.
B. This indemnity shall only apply to the extent that the loss, damage, death or injury
is attributable to the negligence or wrongful act or omission of the Company or its
officers, agents or employees, and does not apply to the extent such loss, damage,
death or injury is attributable to the negligence or wrongful act or omission of the
City or the City’s officers, agents, or employees or any other person or entity. This
provision is not intended to create a cause of action or liability for the benefit of
third parties but is solely for the benefit of Company and the City.
C. In the event of joint and concurrent negligence or fault of both Company and the
City, responsibility and indemnity, if any, shall be apportioned comparatively
between the City and Company in accordance with the laws of the state of Texas
without, however, waiving any governmental immunity available to the City under
Texas law and without waiving any of the defenses of the parties under Texas law.
Further, in the event of joint and concurrent negligence or fault of both Company
and the City, responsibility for all costs of defense shall be apportioned between
the City and Company based upon the comparative fault of each.
D. In fulfilling its obligation to defend and indemnify City, Company shall have the right
to select defense counsel, subject to City’s approval, which will not be
unreasonably withheld. Company shall retain defense counsel within seven (7)
business days of City’s written notice that City is invoking its right to
____________________________________________________
Anna Electric Franchise
indemnification under this franchise. If Company fails to retain counsel within such
time period, City shall have the right to retain defense counsel on its own behalf,
and Company shall be liable for all reasonable defense costs incurred by City,
except as otherwise provided in section 5.B and 5.C.
SECTION 6. This franchise is not exclusive, and nothing herein contained shall be
construed so as to prevent the City from granting other like or similar rights, privileges and
franchises to any other person, firm, or corporation. Any Franchise granted by the City to any
other person, firm, or corporation shall not unreasonably interfere with this Franchise. Company
shall not unreasonably interfere with any other Franchise granted by the City.
SECTION 7. In consideration of the grant of said right, privilege and franchise by the City
and as full payment for the right, privilege and franchise of using and occupying the said Public
Rights-of-Way, and in lieu of any and all occupation taxes, assessments, municipal charges, fees,
easement taxes, franchise taxes, license, permit and inspection fees or charges, street taxes,
bonds, street or alley rentals, and all other taxes, charges, levies, fees and rentals of whatsoever
kind and character which the City may impose or hereafter be authorized or empowered to levy
and collect, excepting only the usual general or special ad valorem taxes which the City is
authorized to levy and impose upon real and personal property, sales and use taxes, and special
assessments for public improvements, Company shall pay to the City the following:
A. As authorized by Section 33.008(b) of PURA, the original franchise fee factor calculated
for the City in 2002 was 0.003289 (the “Base Factor”), multiplied by each kilowatt hour of
electricity delivered by Company to each retail customer whose consuming facility’s point
of delivery is located within the City’s municipal boundaries for determining franchise
payments going forward.
Due to a 2006 agreement between Company and City the franchise fee factor was
increased to a franchise fee factor of 0.003453 (the “Current Factor”), multiplied by each
kilowatt hour of electricity delivered by Company to each retail customer whose consuming
facility’s point of delivery is located within the City’s municipal boundaries on an annual
basis.
____________________________________________________
Anna Electric Franchise
However, consistent with the 2006 agreement, should the Public Utility Commission of
Texas at any time disallow Company’s recovery through rates of the higher franchise
payments made under the Current Factor as compared to the Base Factor, then the
franchise fee factor shall immediately revert to the Base Factor of 0.003289 and all future
payments, irrespective of the time period that is covered by the payment, will be made
using the Base Factor.
1. The annual payment will be due and payable on or before February 1 of each year
throughout the life of this franchise. The payment will be based on each kilowatt hour
of electricity delivered by Company to each retail customer whose consuming facility’s
point of delivery is located within the City’s municipal boundaries during the preceding
twelve month period ended December 31 (January 1 through December 31). The
payment will be for the rights and privileges granted hereunder for the twelve calendar
month period (January 1 through December 31) the year in which the payment is
made.
2. The first payment hereunder shall be due and payable on or before February 1, 2026
and will cover the basis period of January 1, 2025 through December 31, 2025 for the
privilege period of January 1, 2025 through December 31, 2025. The final payment
under this franchise is due on or before February 1, 2046 and covers the basis period
of January 1, 2045 through December 31, 2045 for the privilege period of January 1,
2045 through December 31, 2045; and
3. After the final payment date of February 1, 2046, Company may continue to make
additional annual payments in accordance with the above schedule. City
acknowledges that such continued payments will correspond to privilege periods that
extend beyond the term of this Franchise and that such continued payments will be
recognized in any subsequent franchise as full payment for the relevant annual
periods.
B. A sum equal to four percent (4%) of gross revenues received by Company from services
identified as DD1 through DD24 in Section 6.1.2 “Discretionary Service Charges,” in
Oncor’s Tariff for Retail Delivery Service (Tariff), effective 1/1/2002, that are for the
account and benefit of an end-use retail electric consumer. Company will, upon request
by City, provide a cross reference to Discretionary Service Charge numbering changes
that are contained in Company’s current approved Tariff.
____________________________________________________
Anna Electric Franchise
1. The franchise fee amounts based on “Discretionary Service Charges” shall be
calculated on an annual calendar year basis, i.e. from January 1 through December
31 of each calendar year.
2. The franchise fee amounts that are due based on “Discretionary Service Charges”
shall be paid at least once annually on or before April 30 each year based on the total
“Discretionary Service Charges”, as set out in Section 7.B., received during the
preceding calendar year. The initial Discretionary Service Charge franchise fee
amount will be paid on or before April 30, 2026 and will be based on the calendar year
January 1 through December 31, 2025 The final Discretionary Service Charge
franchise fee amount will be paid on or before April 30, 2046 and will be based on the
calendar year of January 1, 2045 through December 31, 2045.
3. Company may file a tariff or tariff amendment(s) to provide for the recovery of the
franchise fee on Discretionary Service Charges.
4. City agrees (i) to the extent the City acts as regulatory authority, to adopt and approve
that portion of any tariff which provides for 100% recovery of the franchise fee on
Discretionary Service Charges; (ii) in the event the City intervenes in any regulatory
proceeding before a federal or state agency in which the recovery of the franchise fees
on such Discretionary Service Charges is an issue, the City will take an affirmative
position supporting the 100% recovery of such franchise fees by Company and; (iii) in
the event of an appeal of any such regulatory proceeding in which the City has
intervened, the City will take an affirmative position in any such appeals in support of
the 100% recovery of such franchise fees by Company.
5. City agrees that it will take no action, nor cause any other person or entity to take any
action, to prohibit the recovery of such franchise fees by Company.
6. In the event of a regulatory disallowance of the recovery of the franchise fees on the
Discretionary Service Charges, Company will not be required to continue payment of
such franchise fees.
C. With each payment of compensation required by Section 7.A., Company shall furnish to
the City a statement, executed by an authorized officer of Company or designee, providing the
total kWh delivered by Company to each retail customer's point of delivery within the City and the
amount of payment for the period covered by the payment.
____________________________________________________
Anna Electric Franchise
D. With each payment of compensation required by Section 7.B., Company shall furnish
to the City a statement, executed by an authorized officer of Company or designee, reflecting the
total amount of gross revenues received by Company from services identified in its "Tariff for
Retail Delivery Service," Section 6.1.2, "Discretionary Service Charges," Items DD1 through
DD24.
____________________________________________________
Anna Electric Franchise
the City than under this Franchise Agreement. In the event of an occurrence as described in this
subsection 7.H., City shall have the option to:
____________________________________________________
Anna Electric Franchise
subsection 7.H., and, effective as of the date of the City's adoption of the inconsistent
provision, the terms of the franchise shall revert to those in place prior to the City's exercise
of its option under subsection 7.H. The provisions of this subsection 7.H. apply only to
the amount of the franchise fee to be paid and do not apply to other franchise fee payment
provisions, such as the timing of such payments. The provisions of subsection 7.H. do not
apply to differences in the franchise fee factor that result from the application of the
methodology set out in PURA Section 33.008(b) or any successor methodology.
SECTION 8.
Maintenance of Records. Company shall keep complete and accurate books of account and
records of its business and operations under and in connection with this Franchise at its principal
office for the purpose of determining the amount due to the City under this Franchise.
Audit. Pursuant to and for the period specified in Section 33.008(e) of the Texas Utilities Code
and upon thirty (30) days prior written notice, the City may conduct an audit or other inquiry of the
books and records of the Company to ascertain the correctness of the reports agreed to be filed
herein.
Access to Records. The Company shall make available to the City during the Company's regular
business hours and upon reasonable notice, such personnel and records as the City may, in its
reasonable discretion, request in order to complete any audit or inquiry under this Section, and
shall make no charge to the City therefore. The Company shall respond to all requests for
information from City no later than thirty (30) days after receipt of a request.
A. If as the result of any City audit, Company is refunded/credited for an overpayment, or
pays the City for an underpayment, of the Franchise Fee, such refund/credit or payment shall be
made pursuant to the terms established in Section 7.E.
B. If as a result of a subsequent audit, initiated within two years of an audit which resulted in
Company making a payment to the City due to an underpayment of the franchise fee of more than
5%, Company makes another payment to the City due to an underpayment of the franchise fee
of more than 5%, the City may immediately treat this underpayment as an Uncured Event of
Default and exercise the remedies provided for in Section 11.
If Company provides confidential or non-public information to the City, Company shall be solely
____________________________________________________
Anna Electric Franchise
responsible for identifying such information with markings calculated to bring the City’s attention
to the confidential or non-public nature of the information. The City agrees to maintain the
confidentiality of any non-public information obtained from Company to the extent allowed by law.
City shall not be liable to Company for the release of any information the City is required by law
to release. City shall provide notice to Company of any request for release of non-public
information prior to releasing the information so as to allow Company adequate time to pursue
available remedies for protection. If the City receives a request under the Texas Public Information
Act that includes Company's proprietary information, City will notify the Texas Attorney General
of the proprietary nature of the document(s). The City also will provide Company with a copy of
this notification, and thereafter Company is responsible for establishing that an exception under
the Act allows the City to withhold the information.
1. Events of Default. The occurrence, at any time during the term of the Franchise, of any
one or more of the following events, shall constitute an Event of Default by Company under
this Franchise:
____________________________________________________
Anna Electric Franchise
2. Uncured Events of Default.
____________________________________________________
Anna Electric Franchise
Default. In the event that Company does not comply with Subsection
10.2.C. or, if Company does comply with this subsection but the City,
after its review of Company defense, nevertheless believes that
Company has breached or violated a material provision of the
Franchise, the City may declare this an Uncured Event of Default, which
shall entitle the City to exercise the remedies provided in Section 11 of
this Franchise. Notice of such declaration shall be given to Company
at least seven (7) days prior to City’s exercise of any such remedies.
SECTION 11.
Remedies for Uncured Event of Default.
Remedies: In the event that such cure as described in Section 10 is not forthcoming, City shall
be entitled to exercise any and all cumulative remedies as allowed by law, regardless of whether
not Company has refuted the alleged failure including but not limited to:
A. The commencement of an action against Company at law for
monetary damages.
B. The commencement of an action in equity seeking injunctive relief or
the specific performance of any of the provisions that, as a matter of
equity, are specifically enforceable.
C. The commencement of proceedings to seek revocation of Company's
certificate of convenience and necessity to serve any or all of
Company's service area located within the City of Anna.
D. The termination of this Franchise in accordance with the provisions of
Section 12.
Remedies Not Exclusive: The rights and remedies of City and Company set forth in this
Franchise shall be in addition to, and not in limitation of, any other rights and remedies provided
by law or in equity. City and Company understand and intend that such remedies shall be
cumulative to the maximum extent permitted by law and the exercise by City of any one or more
____________________________________________________
Anna Electric Franchise
of such remedies shall not preclude the exercise by City, at the same or different times, of any
other such remedies for the same failure to cure. However, City shall not recover both liquidated
damages and actual damages for the same violation, breach, or event of noncompliance.
____________________________________________________
Anna Electric Franchise
expiration date and shall be automatically renewed thereafter for like periods until canceled by
written notice given not less than sixty (60) days before the expiration of any such renewal period.
PASSED AND APPROVED at a regular meeting of the City Council of Anna, Texas, on
this the _____ 9th day of December _____________________, 2025.
ATTESTED:
____________________________________________________
Anna Electric Franchise
City Secretary Carrie Land Mayor Pete Cain
Item No. 6.f.
City Council Agenda
Staff Report
Meeting Date: 12/9/2025
Staff Contact: Natasha Roach
AGENDA ITEM:
Approve a Resolution to approve a Joinder and Amendment to the Economic
Development Incentive Agreement between Anna Economic Development Corporation,
Foursquare Healthcare, LTD., and Anna RE Development, LLC. (Assistant Director of
Economic Development Natasha Roach)
SUMMARY:
The Economic Incentive Agreement between Foursquare Healthcare, Ltd and Anna
Economic Development Corporation was approved on October 2, 2025. Shortly after
that, the developer created a separate entity under the parent company to purchase the
land. That new entity is Anna RE Development, LLC. ("New Owner")
Now, the EDC and Foursquare Healthcare wish to add Anna RE Development,
LLC ("New Owner") as a party to that development. The Joinder Agreement hereby
acknowledges that all parties agree as follows:
• Joinder and Assumption. New Owner hereby joins in, assumes, and agrees to
be bound by all of the terms and conditions of the Agreement, as amended, and
shall be jointly and severally liable, along with Foursquare, for all obligations
thereunder.
• Acknowledgment of Agreement Obligation. The EDC and Foursquare hereby
acknowledge, accept, and agree to the joinder of New Owner, and hereby
confirm, agree and accept this Joinder and Amendment and all provisions hereof.
• Representations and Warranties. New Owner represents and warrants to EDC
and Foursquare that:
a. It has full legal power and authority to execute and deliver this Joinder and
Amendment;
b. This Joinder and Amendment has been duly authorized and executed; and
c. This Joinder and Amendment constitutes a valid and binding obligation
enforceable against it.
• Amendment. The Agreement incorrectly states that the Development
Agreement was effective September 23, 2025. The Agreement is hereby
amended to state that the Development Agreement was effective September 12,
2025.
FINANCIAL IMPACT:
This item has no financial impact.
BACKGROUND:
The EDC Board of Directors approved a Resolution at the CDC/EDC Joint Board
Meeting that was held November 13, 2025, approving a Joinder and Amendment to the
Economic Development Incentive Agreement.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Vibrant.
ATTACHMENTS:
1. Council Resolution - Joinder & Amendment to EDC Incentive Agreement with
Foursquare Healthcare
2. Exhibit 1 - Joinder Agreement to the Incentive Agreement-Final
CITY OF ANNA, TEXAS
the Anna Economic Development Corporation (the “EDC”) has approved a
Joinder and Amendment to an Economic Development Incentive Agreement with Anna
RE Development, LLC., (the “Owner”), a copy of which is attached as Exhibit 1 (the
“Incentive Agreement”); and
, the Anna Economic Development Corporation (the “EDC”) and Foursquare
Healthcare, LTD. (“Foursquare”) are parties to that certain Economic Development
Incentive Agreement made and entered into as of August 2, 2025 (the “Incentive
Agreement”); and
, Anna RE Development, LLC is the owner of a tract of real property that is
the subject of the Incentive Agreement; and
, the EDC, and Foursquare wish to add Anna RE Development, LLC to the
Incentive Agreement and to include Anna RE Development, LLC as a party under,
pursuant to, and in accordance with all of the terms and provisions of the Incentive
Agreement that was entered into and approved under EDC Resolution No. 2025-10-14,
(the “Incentive Agreement”); and
, the City Council of the City of Anna, Texas desires to approve adding Anna
RE Development, LLC as a party to the Incentive Agreement
Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Approval of EDC’s Joinder Incentive Agreement
The City Council of the City of Anna, Texas hereby approves of the EDC entering into a
Joinder and Amendment to the Incentive Agreement attached hereto as Exhibit 1;
provided, however, it be understood that that the City of Anna is not a party to the
Incentive Agreement.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this ______,
day of _____________ 2025.
JOINDER AND AMENDMENT TO ECONOMIC DEVELOPMENT INCENTIVE
AGREEMENT
This JOINDER AND AMENDMENT TO ECONOMIC DEVELOPMENT INCENTIVE
AGREEMENT (this “Joinder and Amendment”), is entered effective as of November 6, 2025 by and
among Anna Economic Development Corporation (the “EDC”), Foursquare Healthcare, Ltd., a Texas
limited partnership ( “Foursquare”) and Anna RE Development, LLC, a Texas limited liability company
( “New Owner”).
WITNESSETH THAT:
WHEREAS, EDC and Foursquare had previously entered into that certain Economic
Development Incentive Agreement dated as of October 2, 2025 (the “Agreement”);
WHEREAS, City of Anna, Texas, a Texas home-rule municipality (the “City”) and
Foursquare entered into that certain Development Agreement effective as of September 12, 2025
(the “Development Agreement”), a copy of which is attached as Exhibit 1 of the Agreement;
WHEREAS, New Owner is the owner of a tract of real property described in Exhibit A and
depicted on Exhibit B (the “Property”) of the Development Agreement; and
WHEREAS, EDC and Foursquare wish to add New Owner to the Agreement and to include
New Owner as a party under, pursuant to, and in accordance with all of the terms and provisions of the
Agreement including but not limited the amendment set forth in this.
NOW, THEREFORE, in consideration of the foregoing and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as
follows:
1. Joinder and Assumption. New Owner hereby joins in, assumes, and agrees to be bound by
all of the terms and conditions of the Agreement, as amended, and shall be jointly and
severally liable, along with Foursquare, for all obligations thereunder.
2. Acknowledgment of Agreement Obligation. The EDC and Foursquare hereby
acknowledge, accept, and agree to the joinder of New Owner, and hereby confirm, agree
and accept this Joinder and Amendment and all provisions hereof.
3. Representations and Warranties. New Owner represents and warrants to EDC and
Foursquare that:
a. It has full legal power and authority to execute and deliver this Joinder and
Amendment;
b. This Joinder and Amendment has been duly authorized and executed; and
c. This Joinder and Amendment constitutes a valid and binding obligation enforceable
against it.
4. Amendment. The Agreement incorrectly states that the Development Agreement was
effective September 23, 2025. The Agreement is hereby amended to state that the
Development Agreement was effective September 12, 2025.
5. No Waiver. Nothing in this Joinder and Amendment shall be construed as a release or
waiver of any obligations of Foursquare under the Agreement.
6. Governing Law. This Joinder and Amendment shall be governed by the laws of the State
of Texas.
[Signatures on following page]
IN WITNESS WHEREOF, the undersigned have executed this Joinder and Amendment as of
the date set forth above.
EDC:
ANNA ECONOMIC DEVELOPMENT CORPORATION
By: _________________________
Bruce Norwood, President
IN WITNESS WHEREOF:
STATE OF TEXAS §
§
COUNTY OF COLLIN §
Before me, the undersigned notary public, on the 13th day of November 2025, appeared Bruce
Norwood, known to me (or proved to me) to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed the same in his capacity as
President of Anna Economic Development Corporation.
_______________________________
Notary Public, State of Texas
Item No. 6.g.
City Council Agenda
Staff Report
Meeting Date: 12/9/2025
Staff Contact: Kevin Bates
AGENDA ITEM:
Approve a Resolution authorizing the Acting City Manager to execute a professional
service agreement with Kimley-Horn for Water, Wastewater and Roadway Master Plan
Updates and XAK-PACK Pump Testing. (City Engineer Kevin Bates, P.E.)
SUMMARY:
This item is to approve the execution of a professional service agreement with Kimley-
Horn to assist staff in developing updated Water, Wastewater, Roadway Master plans,
complete Pump Station Testing, and Well Testing.
FINANCIAL IMPACT:
Funding for this agreement is available in FY2026 Utility and General Infrastructure
Funds in the amount of $207,000.
BACKGROUND:
As the City of Anna reached the end of their last 5-year CIP cycle and with the growth
we have experienced in the same period, staff are needing assistance to investigate our
master plans as well as other items listed above. This update will provide staff with a
better understanding of our current demands as well as future needs. This will also
then be used to update our CIP and later update our impact fees.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Resilient.
ATTACHMENTS:
1. Resolution - Authorizing City Manager to Execute an Agreement for Professional
Services with KH
2. 2025-09-29_WMP XakPack_KH Signed
3. 064512930- PSPO - KH Signed
4. Form 1295 Certificate 101461265
CITY OF ANNA, TEXAS
RESOLUTION NO. _______________
A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES WITH
KIMLEY-HORN ENGINEERING FOR THE WATER, WASTEWATER, ROADWAY
MASTER PLAN UPDATE AND XAK-PACK PUMP TESTING, IN THE AMOUNT NOT
TO EXCEED TWO HUNDRED SEVEN THOUSAND DOLLARS AND ZERO CENTS
($207,000.00) AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Anna seeks to study our Water, Wastewater and Roadway Master
Plans and complete well testing; and,
WHEREAS, the study will identify the specific infrastructure improvements required for
Anna’s continued growth. The findings will be used in the development of the 5 year CIP
and updated impact fees; and,
WHEREAS, Kimley-Horn (KH) is a highly qualified engineering firm with a long history of
involvement in the planning and design of Anna’s water, wastewater and roadway master
plans, as well as our water system. The City of Anna selected WSB to perform these
services in the multidisciplinary RFQ process it completed in 2021.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Recitals Incorporated
The recitals above are incorporated herein as if set forth in full for all purposes.
Authorization of Payment and Funding.
The City Council of the City of Anna, Texas, authorizes the City Manager to execute an
agreement for professional services with KH in the amount of $207,000, for the Water,
Wastewater, Roadway Master Plan update, and XAK-PAK Pump testing on behalf of the
City of Anna, Texas.
The funding for this project shall come from the FY2026 Utility and General
Infrastructure funds.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this ___
day of December 2025.
ATTEST: APPROVED:
__________________________ __________________________
City Secretary, Carrie Land Mayor, Pete Cain
Exhibits
(following Page)
INDIVIDUAL PROJECT ORDER NUMBER 064512930
Describing a specific agreement between Kimley-Horn and Associates, Inc. (the Consultant), and the City
of Anna (the Client) in accordance with the terms of the Master Agreement for Continuing Professional
Services dated July 27th, 2021, which is incorporated herein by reference.
Identification of Project:
Project Name: Water Master Plan Update and XAK-PACK Pump Testing
KH Project Manager: Riley Dunn, P.E.
Project Number: 064512930
Specific Scope of Basic Services:
Project Understanding:
Kimley-Horn and the City of Anna last updated their Water Master Plan in 2022, since then The City of
Anna has experienced significant population growth and completed an update to their comprehensive plan
in 2025. This project will update the City’s water master plan to incorporate new development in the City
over the last 3 years and changes in future land use and update the capital improvement project list
accordingly. To be able to better understand the performance of exiting pumps and water wells in the
system, Kimley-Horn will utilize XAK-PACK pump testing. Pump stations anticipated to be tested are
Powell, West Crossing, Sherley, and Collin. The pump data will be utilized to provide recommendations on
improvements to the existing pump stations, evaluate groundwater supply, and calibrate the City of Anna
water model. The eight (8) City of Anna Wells will be tested using the XAK-PACK pump testing methodology
as well as provide a general condition assessment. This data will be used to create a condition matrix of
the existing wells and provide recommendations for improvements in the 10-year water CIP Plan.
The City of Anna has also requested that Kimley-Horn update the City’s water, wastewater, and roadway
10-year capital improvement plan (CIP) maps, opinion of probable construction cost, and project
descriptions.
Task 1 – Water Master Plan Update
1.Data Collection
The City will assist Kimley-Horn in obtaining updated record information regarding the following:
a. Historic Demands (peak day, yearly average, winter low, etc.)
b. Service Connections – The City will provide total number of service connections on December
31 for the last five (3) years, including subtotals for residential, commercial and industrial
connections for the past year, if available.
c. Metering Records – The City will provide a list of all large water users, their locations and
metering records for the past year, including local industries, restaurants, schools, hospitals
and other businesses.
d. Wholesale water supply capacity and applicable contracts
e. As-Built drawings for new developments.
f. Water Mains in need of replacement due to poor condition / age based on history of main
breaks / repairs
2.Analysis
The existing WaterCAD hydraulic water model for the City will be updated. Pipes for new subdivisions
will be added to the model as necessary. Kimley-Horn will use this model to identify infrastructure
improvements required to accommodate existing deficiencies and growth for the existing, 10-year, and
buildout conditions.
a. Existing System Analysis
i. Land Use Assumptions – Kimley-Horn will incorporate land use assumptions from the
current Comprehensive Plan.
ii. Design Criteria - Kimley-Horn will develop design criteria to base the analysis upon
including but not limited to:
· Minimum and maximum pressures,
· Minimum and maximum pipe velocities,
· Elevated storage,
· Ground storage,
· Pumping,
· Fire Flow,
· Texas Commission on Environmental Quality (TCEQ) criteria.
iii. Existing Water Demands – Kimley-Horn will utilize the City’s existing water usage data
to calculate the City’s existing and historical water demands. Tasks will include:
· Historical and current average day, maximum day, and peak hour water
demand,
· Historical and current average day water demand per acre by each unique
land use type,
· Representative maximum day water diurnal demand curve.
iv. Water System Model – Kimley-Horn will update the City’s water system model to
represent the existing water system and existing water system demands. The model
will utilize existing infrastructure information, system operational parameters, and
available customer demand information. This will include:
· Evaluation of system connectivity.
· Confirmation of pipe and node parameters, such as pipe size, roughness
factor, and node elevation.
· Add recent system improvements.
· Confirmation of system operational parameters and controls.
· Evaluation of the distribution of existing demands.
3.Capital Improvement Plan
a. Water System Analysis and Infrastructure Sizing – Kimley-Horn will utilize the water system
model prepared with this task to determine existing infrastructure that does not meet the design
criteria and to size infrastructure to serve future growth. This will include:
i. Identification of infrastructure needed to alleviate existing system deficiencies.
ii. Utilization of future land use and population projections from recent comprehensive
plan update to prepare projected demand distributions and incorporate into the model.
iii. Execution of the model to identify infrastructure improvements necessary to meet
future demands.
iv. Execution of fire flow simulations to identify infrastructure improvements necessary to
meet fire flow requirements.
v. The following components will be evaluated and sized.
a. Elevated Storage
b. Water Lines
c. Ground Storage
d. Pump Stations
e. Control Valves
f. Supply capacity
b. Capital Improvement Plan – Kimley-Horn will develop a water Capital Improvement Plan that
identifies projects to be constructed. This will Include:
i. Development of capital improvements project list
ii. Development of opinions of probable construction cost for each project
4.Water Master Plan Report
Kimley-Horn will prepare a Water Master Plan report summarizing the findings of the analysis and the
recommendations.
a. Prepare draft report for review and comment by City.
b. Prepare final report based on City comments.
c. The report is anticipated to include the following:
i. Executive summary
ii. Introduction
iii. Description of existing infrastructure
iv. Design criteria and modeling methodology
v. Existing water system deficiencies
vi. Future land use and water demand projections
vii. Analysis and recommendations
viii. Capital improvements plan
· Opinion of probable construction cost
· Project description
ix. Maps
· Existing land use map
· Ultimate land use map
· Existing system infrastructure map
· Capital Improvement Plan map
Task 2: Minor Thoroughfare Plan Review & 10- Year Roadway CIP
1.Alignment and Cross Section Considerations. Kimley-Horn will analyze specific alignment
alternatives at a conceptual level. Based on development information and priorities provided by
the City, Kimley-Horn will evaluate alternative alignments of thoroughfares. Kimley-Horn will
evaluate the current classifications of the thoroughfare realignments at a conceptual level and
work with the City to determine reclassification of roadways with respect to area context and
roadway improvements since the previous Master Thoroughfare Plan update as needed. This
task anticipates reviewing the alignment and classifications of up to five (5) Master Thoroughfare
Plan roadways (new and/or existing). No roadway design or survey services are included in this
scope of services.
2.Master Thoroughfare Plan Review. Kimley-Horn will review the currently adopted roadway
Master Thoroughfare Plan (MTP) to incorporate elements from Task 2.1 and verify if other
modifications are needed prior to formulating the Roadway Impact Fee Capital Improvement
Plan. Further modifications will be provided with the recommendations from City staff. The
adoption of an updated Master Thoroughfare Plan is anticipated to be concurrent with or prior to
the Roadway Impact Fee Study Update. This task accounts for up to two (2) meetings with City
staff.
3.Roadway Capital Improvements Plan. Kimley-Horn will assist the City in developing a Roadway
Capital Improvements Plan which will include cost projections for anticipated projects included
in the study. The Roadway Impact Fee Capital Improvements Plan will include proposed
facilities designed to serve future development. The Roadway Capital Improvements Plan will
include a general description of the project and a project cost projection. Planning level cost
projections for the projects will be prepared based on discussion with local roadway construction
contractors, City staff, and previous experience with roadway construction costs. This task
accounts for up to two (2) meetings with City staff.
Task 3 – XAK-PACK Pump Station Testing
1.Pump Analysis
Kimley-Horn will perform pump testing and analysis for two (2) pumps at West Crossing Pump Station, two
(2) pumps at Powell Pump Station, and two (2) pumps at Sherley Pump Station. Kimley-Horn will perform
pump testing and analysis only for one (1) 1,000 gpm pump at the Collin Pump Station. Kimley-Horn is
anticipating testing a total of seven (7) pumps.
2.Pre-Evaluation Summary
a. Consultant will attend a site visit to each site to understand existing conditions to develop
a testing game plan and to note any existing issues.
b. Consultant will provide a summary of work that needs to be completed by the City prior to
testing being conducted. Work is expected to include, but not limited to, installation of tap
assemblies, functional testing of isolation valves, providing SCADA data, providing
applicable pump curves and record drawings, provide well reports, provide maintenance
logs, and City staff coordination to complete well evaluations. Consultant will not be able
to begin final evaluation until all items detailed in this summary are completed.
3.Pump Testing
a. Consultant will conduct pump performance tests for each pump identified to be tested.
Pump performance tests will inlcude flow, discharge head, suction head, NPSHa, surge
data, rotational speed, vibrations, motor temperature, input voltage, input current, and input
power factor measuremetns where possible. Power measurements will only be possible
for 600 volt and below. Perform the following tests for each operational pump:
i. Perform two (2) single-point hydraulic tests with a single pump in operation at full
speed full open (FSFO).
ii. Perform one (1) multi-point hydraulic test with a single pump in operation with a
throttled downstream valve conditoin for each pump.
iii. Perform three (3) single-point hydraulic tests with a single pump in operation and
varying speeds utilizing the VFDs.
iv. Perform a total of six (6) test points for each pump.
v. Perform two (2) single-point hydraulic tests with multiple pumps in operation for
each station.
4.Pump Performance Reports
c. Consultant will provide an engineering report summarizing the data collection process,
findings, criticality, and recommendations for each pump. The Engineering Report will
contain the following:
i. General Information Including site information, pump curves/data sheets, location,
photos, test information, etc.
ii. Pump Performance Information - Including pump output (GPM), total dynamic
head, current (Amps), voltage, input horsepower, output horsepower, wire-to-
water efficiency, and comparisons to key performance indicators.
iii. Condition Assessment – A tabulation of the major components, their condition
ranking, and descriptions of any defects observed. Identify pumps with the
potential for failure. Component categories to include:
1. Civil
2. Structural
3. Mechanical
4. Electrical
5. Instrumentation
iv. Recommendations – A list of recommendations for improvements at the pump
station.
d. Reports to be included in the Water Master Plan update described in Task 1 as an
Appendix.
Task 4 – Well Testing and Condition Matrix
5.Well Assessment
e. Consultant will evaluate eight (8) existing groudwater wells in the system to determine
performance and condition
i. Review available records including:
1. Original well completion reports, construction and lithologic logs
2. Historical pumping and performance data
3. Maintenance and rehabilitation records
4. Static and pumping water level trends
5. Water quality data
ii. Evaluate trends in specific capacity
iii. Perform site visits to identify gaps and prepare a detailed field-testing plan
f. Consultant will conduct on-site field testing and Xak-Pack testing
i. Measure static and dynamic water levels under controlled pumping conditions
ii. Measure discharge rate using a calibrated flow meter
iii. Conduct a step-drawdown test
iv. Observe drawdown and recovery responses using a pressure transducer and
logger
v. Collect water quality samples
6.Well Assessment Report
a. Consultant will provide a report summarizing data collection process, findings, identify likely
causes of reduced yield or efficiency and provide recommendations for rehabilitation, repair,
or replacement.
b. Analyze step-drawdown and recovery data to determine:
i. Current specific capacity
ii. Well efficiency
iii. Estimated transmissivity of the aquifer
c. Compare current performance to historical benchmarks
d. Evaluate potential causes of underperformance and develop recommendations for:
i. Downhole video inspection to evaluate screen condition, biofouling or encrustation
ii. Well cleaning or redevelopment methods
iii. Post-rehabilitation testing
iv. Well replacement
e. Reports to be included in the Water Master Plan update as an Appendix.
f. Develop a condition/criticality matrix for all eight (8) wells evaluated and include in the Water
Master Plan update as an Appendix.
XAK-PACK Evaluation Assumptions
· Accessibility and Operation - The pump stations and components are assumed to be readily
accessible without special equipment or delay. It is also assumed that each site is safe to work in
for extended periods of time. Confined space entry is understood to not be required for this project.
If sites or equipment are determined by Consultant to be inaccessible, inoperable, impractical to
test, unsafe or appear to be likely to fail under operation, Consultant will notify the City and possibly
abort the evaluation. Time and expenses incurred related to aborted evaluations will be billed
according to Consultant’s current hourly rates.
· Attendees - Any persons on site during evaluations are confined space trained, CPR certified,
electrical, and arc flash trained. Confined space entry is understood to not be required for this
project.
· Inflow - It is assumed that the site has sufficient water volume stored for the necessary number of
pump tests during the test period. If volume stored is insufficient, as much data as possible will be
collected during the test. In general test results will be more consistent and accurate if volume
storage is steady.
· Voltage - Electrical tests will not be conducted on system voltages greater than 600 Volts (nominal)
or where motor leads are inaccessible or unsafe to access. Motor leads are assumed to be
accessible and are terminated at the control panel. Operable hand controls are assumed available
for each pump.
· Working Hours - Consultant assumes that City operations staff will be available to assist with testing
at a minimum from the hours of 8:00 am to 5:00 pm Monday-Friday.
Additional City Responsibilities
A. Consultant shall be entitled to rely on the completeness and accuracy of all information provided
by City or City’s consultants or representatives. City shall provide all information requested by the
Consultant during the project, including but not limited to the following:
o Provide one operator familiar with the site, electrical system, pumps, controls, operation,
equipment, and trained in confined space.
o Installation or modification of equipment as detailed in Pre- Evaluation Summary.
o Install and confirm operation of flow meters and pressure taps as requested by the
Consultant prior to performance evaluations as described in the Pre-Evaluation Summary.
Confirm National Pipe Thread (NPT) pressure taps are available for pressure transducer
connections.
o Operate breakers, valves, pumps and other equipment and assist with performance
evaluations.
o Provide the pump curves for each pump to be tested.
o Provide record drawings of water pump station.
o Provide previous studies of water pump station.
o Provide access to the site and all panels, hatches, vaults and equipment.
o Review and provide site specific safety concerns.
o Perform functional testing of all valves, pumps, and taps prior to pump evaluations as
detailed in Pre-Evaluation Summary.
o Confirm station is fully operational and ready for testing.
o Coordinate and obtain data from SCADA system operator.
Task 5 – Wastewater 10- Year CIP Updates
Kimley-Horn will assist the City of Anna in updating the 10-year wastewater capital improvements plan map,
opinions of probable construction cost (OPCC), and project list as requested by City Staff. The previous
CIP Maps, OPCC, and project lists were provided in October of 2025.
Additional Services if required:
Any services not specifically provided for in the above scope will be billed as additional services and
performed at Kimley-Horn’s then current hourly rate. Additional services Kimley-Horn can provide include,
but are not limited to the following:
a. Survey services
b. Geotechnical services
c. Preparing applications and supporting documentation for government grants, loans, or
planning advances, and providing data for detailed applications.
d. Any service not listed in the scope of services
Schedule:
The Consultant will provide the services listed in the Scope of Services within a reasonable length of time
as mutually agreed to by both the Client and the Consultant.
Terms of Compensation:
For the services set forth above, the Client shall pay the Consultant the following compensation:
Task 1: Water Master Plan Update $62,000 Lump Sum
Task 2: Minor Thoroughfare Plan Review & 10-Year Roadway CIP $25,000 Lump Sum
Task 3: Pump Station Testing $45,000 Lump Sum
Task 4: Well Testing and Condition Matrix $65,000 Hourly
Task 5: Wastewater 10-Year CIP Updates $10,000 Hourly
Subtotal (Not to Exceed)$207,000
ACCEPTED:
CITY OF ANNA KIMLEY-HORN AND ASSOCIATES, INC.
BY:BY:
TITLE:TITLE:
DATE:DATE:
Associate
10/28/2025
Master PSA July 27, 2021-2026
Professional Service Project Order Agreement
Pursuant to and subject to the referenced Master Agreement for Professional Services (”Master PSA”)),
between the City and Firm, the City hereby requests that the Firm perform, and the Firm agrees to
perform, the work described below upon the terms and conditions set forth in said Master PSA, which are
incorporated herein by reference for all purposes, and in this “Professional Service Project Order” (PSPO).
MASTER PSA CATEGORY:Land Planing and Zoning____
ANNA PROJECT CODE:______________________
FIRM NAME Kimely-Horn
Project Name:Water, Wastewater and Roadway Master Plan and XAK-PACK Testing
Consultant Project #:064512930
# Of Consecutive Business
Days to Complete Project:240
Original Project Fee:$207,000
OWNER OPTIONAL INFORMATION:
1.Date and Time to Commence:Upon Receipt of Signed Professional Services Project Order,
City’s purchase order and, Notice to Proceed
2.Other:Architectural Barrier Requirements: Yes ___ No X
INVOICE SUBMITTAL
Billing Period:
Monthly-Through the end of each month, billed by the 10th of the
following month.
Invoice Mailing Instructions:
Email to:
City of Anna
Accounts Payable:accountspayable@annatexas.gov
Attn: Joanna Golleher:jgolleher@annatexas.gov
120 W. 7th St.
Anna, TX 75409
Include work order number, PO number, billing period, and project
name.
Master PSA July 27, 2021-2026
Documents:
The “PSPO DOCUMENTS,” as that term is used herein, shall mean and include the following
documents, and expressly incorporates the following by reference for all purposes.
a. Master Agreement for Professional Services effective July 27th, 2021_______
This PSPO shall incorporate the terms of all the documents in their entirety. To the extent that
there are any conflicts with provisions of the Master PSA, this PSPO or each other, the provisions
of the Master PSA, then the provisions of this PSPO shall prevail in that order.
Scope of Services (describe in detail):____This item is to approve the execution of a
professional service agreement with Kimley-Horn to assist staff in developing updated Water,
Wastewater, Roadway Master plans, complete Pump Station Testing, and Well
Testing._________________________________________________________________________
______________________________________________________________________________
Schedule of Work and Completion Deadline(s): Preliminary results and draft report to be
submitted 4/6/2026 and final report and results to be submitted 8/4/2026 for a total of 240 days for
completion of work outlined in scope of service.
Acceptance:
The individuals executing this Agreement on behalf of the respective parties below represent to each other that all
appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do
so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities
required to execute this Agreement in order for the same to be an authorized and binding agreement on the other
party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto
is authorized to do so, and such authorization is valid and effective on the date hereof.
CITY OF ANNA, TEXAS FIRM:
Signature Signature
Marc Marchand - Acting City Manager_ ___ Stuart Williams – Associate
Printed Name & Title Printed Name & Title
11/25/2025
Date Date
Controlling
Name of Interested Party4 Nature of interest
City, State, Country (place of business)
Intermediary
(check applicable)
CERTIFICATE OF INTERESTED PARTIES 1295FORM
1 of 1
1
OFFICE USE ONLY
2 11/25/2025
Complete Nos. 1 - 4 and 6 if there are interested parties.
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
Name of business entity filing form, and the city, state and country of the business entity's place
of business.
Kimley-Horn and Associates, Inc.
Dallas, TX United States
Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
3
City of Anna
Water, Wastewater and Roadway Master Planning and XAK-PACK Testing
112525
2025-1393435
Date Filed:
Date Acknowledged:
Certificate Number:
CERTIFICATION OF FILING
Flanagan, Tammy XDallas, TX United States
McEntee, David XDallas, TX United States
Keil, Ashley XDallas, TX United States
Mutti, Brent XDallas, TX United States
6
Signature of authorized agent of contracting business entity
My name is _______________________________________________________________,
UNSWORN DECLARATION
Check only if there is NO Interested Party.5
My address is _______________________________________________, _______________________,
and my date of birth is _______________________.
Executed in ________________________________________County,
I declare under penalty of perjury that the foregoing is true and correct.
(state) (zip code) (country)
(year)(month)
_______, ______________, _________.
State of ________________, on the _____day of ___________, 20_____.
(city)
(Declarant)
Version V4.1.0.f10d0fd8www.ethics.state.tx.usForms provided by Texas Ethics Commission
Tyler Henrichs 09/28/1990
13455 Noel Road, Two Galleria Tower, Suite 700 Dallas TX 75240 USA
Dallas Texas 25th November 25
Item No. 6.h.
City Council Agenda
Staff Report
Meeting Date: 12/9/2025
Staff Contact: Kevin Martin
AGENDA ITEM:
Approve a Resolution for an extension of the Agreement with Collin County for Animal
Control Sheltering. (Director of Neighborhood Services Kevin Martin)
SUMMARY:
Extension of the Animal Sheltering interlocal agreement with Collin County Animal
Sheltering Services. The Extension of the agreement for a one (1) year period, which
shall be in effect from October 1, 2025, continuing through and including September 30,
2026, with the option for either party to terminate the contract with ninety (90) days'
written notice.
FINANCIAL IMPACT:
$94,330.00
BACKGROUND:
The City of Anna continues to contract with Collin County Animal Services to provide
animal control sheltering services.
STRATEGIC CONNECTIONS:
The item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Safe
ATTACHMENTS:
1. Resolution - Animal Control Sheltering 2026
2. FY 2026 Animal Shelter Billing Fees_Updated 10_28_25
3. NEW FY26 Animal Shelter Amendment 20 - City of Anna
4. NEW FY26 Animal Shelter Amendment 20 - City of Anna
5. FY 2026 Animal Shelter Billing Fees_Updated 10_28_25
6. Animal Control_Sheltering 2026
CITY OF ANNA, TEXAS
RESOLUTION NO. _____________________
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING EXTENSION OF THE
AGREEMENTS WITH COLLIN COUNTY FOR ANIMAL CONTROL SERVICES.
WHEREAS, the City Council of the City of Anna, Texas (“City Council”) finds that the agreement
with Collin County for use of an Animal Shelter to the citizens of Anna is worthy of continuation;
and
WHEREAS, the City Council approves Collin County’s amendment to the current Animal Shelter
agreement, to include the following fee:
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS THAT:
Section 1. Recitals Incorporated.
Section 2. Approval and Authorization of Agreement.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 9th day of
December 2025.
Population*
NCTCOG 2025
Estimate
% of Charges FY 2026 Budgeted
M&O and Per.
FY 2026 Capital
Contribution**
FY 2026 Total Cost
before Adjust.
Less FY 2024 Fees
Collected
Less
Adjustments for
FY 2024 Budget
vs. Actual
FY 2026 Total
Billed
Anna 34,100 4.31%75,346$ 6,033$ 81,379$ 1,330$ (14,280)$ 94,330$
Celina 61,834 7.81%136,626$ 10,940$ 147,566$ 2,411$ (25,894)$ 171,049$
Fairview 11,232 1.42%24,818$ 1,987$ 26,805$ 438$ (4,704)$ 31,071$
Farmersville 4,976 0.63%10,995$ 880$ 11,875$ 194$ (2,084)$ 13,765$
Frisco 235,615 29.78%520,604$ 41,687$ 562,291$ 9,186$ (98,669)$ 651,774$
McKinney 226,181 ***City of McKinney is under a new Animal Shelter ILA (Contract 2025-304)***
Melissa 26,234 3.32%57,965$ 4,642$ 62,607$ 1,023$ (10,986)$ 72,570$
Princeton 43,126 5.45%95,289$ 7,630$ 102,919$ 1,681$ (18,060)$ 119,298$
Prosper 46,087 5.82%101,832$ 8,154$ 109,986$ 1,797$ (19,300)$ 127,489$
Collin County 101,891 12.88%225,134$ 18,028$ 243,161$ 3,973$ (42,669)$ 281,858$
1,563,203$
Mckinney 226,181 27.84%507,722$ 38,970$ 546,693$
***City of Mckinney is under new Animal Shelter ILA (Contract 2025-304)***
Total Billed:1,786,487$ FY 2024 Billed:1,305,329$
Smaller Entities:38,120$ FY 2024 Actual:1,505,998$
TOTAL for Original: 1,748,367$ FY 2024 Difference: (200,669)$
Diff w/ Cap Return (331,364)$
FY 2026 Budgeted
M&O and Per.
FY 2026 Capital
Contribution**
FY 2026 Total Cost
before Adjust.
Less FY 2024 Fees
Collected
Less
Adjustments for
FY 2024 Budget
vs. Actual
FY 2026 Total
Billed
Lavon 3,100$ 3,100$
Lucas 14,970$ 14,970$
Nevada 1,550$ 1,550$
Weston 2,500$ 2,500$
Blue Meadow MUD No. 1 2,000$ 2,000$
North Collin County MUD No. 1 2,000$ 2,000$
Van Alstyne MUD No. 3 2,000$ 2,000$
Magnolia Pointe MUD No. 1 2,000$ 2,000$
Van Alstyne MUD No. 2 2,000$ 2,000$
East Collin MUD No. 1 2,000$ 2,000$
Raintree MUD No. 1 2,000$ 2,000$
LC MUD No. 1 2,000$ 2,000$
TOTAL 38,120$ 38,120$
Grand Total: 1,601,323$
Grand Total is the total billed amount for the larger and smaller entities combined. (This does not include City of McKinney's fee of $546,693)
FY 2026 Animal Shelter Billing Worksheet
Larger Entities / Original Entities
FY 2026 Billing Breakout Adjust for FY 2024 Budget vs. Actual
In FY 2024, Capital Expenditures totaled $190,694.85 which exceeds the orginal funds of $60,000 Capital Contribution. No funds will be returned in FY 2026.
Smaller Entities / Added Later
1
Office of the Purchasing Agent
Collin County Administration Building
Contract Modification Document 2300 Bloomdale Rd, Ste 3160
Vendor:Contract No.
Contract:
Item #1 The agreement will be renewed for a period of one (1) year, beginning October 1, 2025, through and including
September 30, 2026, at the rate below.
Item #2 TO:
FROM:
Amendment No. 20 has been accepted and authorized on _________________________ by authority of the Collin County
Commissioners Court by Court Order No.______________________, to be effective on October 1, 2025.
ACCEPTED BY:
SIGNATURE SIGNATURE
Michelle Charnoski, NIGP-CPP, CPPB
(Print Name)(Print Name)
TITLE:TITLE:
DATE: DATE:
writing signed by both parties.
2
One year Renewal, fees updated, Added Force Majeure
Item No. 6.i.
City Council Agenda
Staff Report
Meeting Date: 12/9/2025
Staff Contact: Carrie Land
AGENDA ITEM:
Approve an Ordinance designating the official newspaper as the Celina Record/Star
Local Media for publishing ordinances, notices, or other matters required by law or
ordinance. (City Secretary Carrie Land)
SUMMARY:
Pursuant to Section 11.02 of the City of Anna, Texas Home Rule Charter, the City
Council must designate an official newspaper for publishing ordinances, notices, or
other matters required by law or ordinance to be published for the City of Anna.
To better support and inform the neighbors of Anna, staff is requesting this change. The
Celina Record, published by Star Local Media, provides an online platform where all of
the City’s notices and publications will be accessible.
Beyond required legal postings, this partnership will allow the City to share stories,
updates, and news about what’s happening in our community. Neighbors can stay
informed by subscribing to the online publication, reading the Celina Record, or
following the City’s updates on Facebook, X, and Instagram.
FINANCIAL IMPACT:
This item has no financial impact.
BACKGROUND:
The City has used the Herald Democrat as its official newspaper since 2023. Currently,
there are no subscribers to the publication within the City of Anna.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Excellent.
ATTACHMENTS:
1. Ord Designating the Celina Record as the Official Newpaper for the City of Anna
CITY OF ANNA, TEXAS
ORDINANCE NO. _________________
AN ORDINANCE OF THE CITY OF ANNA, TEXAS PROVIDING FOR THE
DESIGNATION OF THE OFFICIAL NEWSPAPER, CELINA RECORD, BY THE CITY
OF ANNA, TEXAS.
WHEREAS, pursuant to Section 11.02 of the City of Anna, Texas Home Rule charter,
the City Council must designate an official newspaper for publishing ordinances,
notices, or other matters required by law or ordinance to be published for the City of
Anna, Texas;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Designation of Official Newspaper
The City Council of the City of Anna, Texas hereby designates the Celina Record as the
official newspaper of the City of Anna, Texas for publishing all ordinances, notices, and
other matters required by the City Charter, City Ordinances or State or Federal law to be
published.
Section 3. Revocation
This Ordinance shall remain in effect unless and until such time as the City Council of
the City of Anna shall repeal the same by Ordinance.
Section 4. Conflicts
All ordinances and provisions of the City of Anna, Texas that are in conflict with this
Ordinance shall be the same are hereby repealed, and all ordinances and provision of
ordinances of said City not so repealed are hereby retained in full force and effect.
Section 5. Severability
It is the intent of the City Council that each paragraph, sentence, subdivision, clause,
phrase or section of this Ordinance be deemed severable and, should any such
paragraph, sentence, subdivision, clause, phrase, or section be declared invalid or
unconstitutional for any reason, such declaration of invalidity or unconstitutionality shall
not be construed to affect the validity of those provisions of this Ordinance left standing.
Section 6. Effective Date
This Ordinance will be effective upon adoption by the City Council of the City of Anna,
Texas and publication to the extent required by law.
ADOPTED by the City Council of the City of Anna, Texas on this 9th day of December,
2025.
Approved
_____________________________
Mayor Pete Cain
Attested
_________________________________
City Secretary Carrie L. Land
Item No. 7.a.
City Council Agenda
Staff Report
Meeting Date: 12/9/2025
Staff Contact: Lauren Mecke
AGENDA ITEM:
[WITHDRAWN] Conduct a public hearing/consider/discuss/action on an Ordinance
(Parks at Foster Crossing) (Planning Manager Lauren Mecke)
SUMMARY:
This item was tabled at the November 17, 2025 Council Meeting Joint with Parks and
Recreation Advisory Board. The applicant has chosen to withdraw this item.
No action is required.
FINANCIAL IMPACT:
This item has no financial impact.
BACKGROUND:
At the October 6, 2025 Planning & Zoning Commission meeting, the Commission
recommended with a vote 5-0 as follows:
Primary Request:
Approval to amend the completion date of the amenity center/pool to align with the
trigger within the Park Fee Agreement of the 100th Certificate of Occupancy and to read
as:
Amenity Center/Pool: Construct The developer or property owner will construct and
complete a private amenity center/pool in substantial conformance with Exhibit 3
Amenity Center Concept Plan prior to the issuance of the 250th single-family
residential building permit 100th certificate of occupancy.
Secondary Request:
Approval as submitted of scrivener's errors and edits for clarification.
STRATEGIC CONNECTIONS:
This item has no strategic connection.
ATTACHMENTS:
Item No. 7.b.
City Council Agenda
Staff Report
Meeting Date: 12/9/2025
Staff Contact: Natasha Roach
AGENDA ITEM:
First Reading of a Resolution approving an amendment to a project of the Anna
Community Development Corporation authorizing an expenditure not to exceed
$128,904 for the demolition of structures which are located on the downtown CDC-
owned properties. (Assistant Director of Economic Development Natasha Roach)
SUMMARY:
Two readings of the Resolution are required prior to authorization of the CDC
expenditure. The Resolution is included in the proceeding item approving an
amendment to an agreement between the CDC and Hawkins Construction and
authorizing the expenditure of funds for contract services. The CDC Board authorized
the expenditure of funds not to exceed $128,904 on November 13, 2025. This is the first
reading of the Resolution. The presiding officer should read the following:
A RESOLUTION OF THE CITY OF ANNA, TEXAS RATIFYING AND APPROVING
THE EXPENDITURE NOT TO EXCEED $128,904 FROM THE ANNA COMMUNITY
DEVELOPMENT CORPORATION TO HAWKINS CONSTRUCTION FOR CONTRACT
SERVICES; AND PROVIDING AN EFFECTIVE DATE.
FINANCIAL IMPACT:
BACKGROUND:
See Next Item
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Vibrant.
ATTACHMENTS:
Item No. 7.c.
City Council Agenda
Staff Report
Meeting Date: 12/9/2025
Staff Contact: Natasha Roach
AGENDA ITEM:
Second Reading of a Resolution approving an amendment to a project of the Anna
Community Development Corporation authorizing an expenditure not to exceed
$128,904 for the demolition of structures which are located on the downtown CDC-
owned properties. (Assistant Director of Economic Development Natasha Roach)
SUMMARY:
Second reading of the Resolution are required prior to authorization of the CDC
expenditure. The Resolution is included in the proceeding item approving an
amendment to an agreement between the CDC and Hawkins Construction and
authorizing the expenditure of funds for contract services. The CDC Board authorized
the expenditure of funds not to exceed $128,904 on November 13, 2025. This is the
second reading of the Resolution. The presiding officer should read the following:
A RESOLUTION OF THE CITY OF ANNA, TEXAS RATIFYING AND APPROVING
THE EXPENDITURE NOT TO EXCEED $128,904 FROM THE ANNA COMMUNITY
DEVELOPMENT CORPORATION TO HAWKINS CONSTRUCTION FOR CONTRACT
SERVICES; AND PROVIDING AN EFFECTIVE DATE.
FINANCIAL IMPACT:
BACKGROUND:
See Next Item
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Vibrant.
ATTACHMENTS:
Item No. 7.d.
City Council Agenda
Staff Report
Meeting Date: 12/9/2025
Staff Contact: Natasha Roach
AGENDA ITEM:
Consider/Discuss/Action on a Resolution approving an amendment to an Anna
Community Development Corporation agreement and authorizing an expenditure not to
exceed $128,904 for the demolition of structures which are located on the downtown
CDC-owned properties. (Assistant Director of Economic Development Natasha Roach)
SUMMARY:
At the August 7th meeting, the CDC Board of Directors held a Public Hearing and
approved Resolution No. 2025-08-10 authorizing an expenditure not to exceed
$100,000 for the demolition of structures which are located on the downtown CDC-
owned properties.
As part of acquiring a demolition permit with the city, we were required to do an
asbestos test before demolition could begin. This was an unforeseen expense that was
not included in the original not to exceed amount. The test came back stating that there
was asbestos present in the structures and therefore, we were required to file the
paperwork with the state and go through the remediation process for removal.
The total cost for the asbestos testing, filing and removal was $41,829.16. While the
demolition costs came in under the $100,000 amount, the addition of the asbestos fees
put us over the approved amount by $28,904.16.
Therefore, we are requesting approval of an amendment to the previously approved
resolution to a total expenditure amount of $128,904.16.
FINANCIAL IMPACT:
This is a request for the additional expenditure of funds in the amount of $28,904 from
the original approved amount of $100,000 for the unforeseen costs.
BACKGROUND:
The CDC Board of Directors approved a Resolution at the CDC/EDC Joint Board
Meeting that was held November 13, 2025, approving an amendment to contract
services with Hawkins Construction and authorizing the expenditure of funds not to
exceed $128,904.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Vibrant.
ATTACHMENTS:
1. Council Resolution - CDC Amended Agreement with Hawkins Construction
CITY OF ANNA
the City Council of the City of Anna, Texas (the “City Council”) recognizes
that on August 7, 2025, the Anna Community Development Corporation (“CDC”) passed
a resolution approving and authorizing an agreement with Hawkins Construction and for
the expenditure of funds for contract service purposes to demolish all vacant structures
located on the downtown CDC-owned properties; and
unexpected asbestos amelioration became necessary to complete said
services increasing the total cost of services from the approved $100,000.00 to
$128,904.16; and
the City Council recognizes that on November 13,2025, the CDC passed a
resolution approving an amendment to the authorized agreement with Hawkins
Construction and for the expenditure of funds in the amount not to exceed $128,904.16
for contract service purposes; and
the CDC Board of Directors found that the above-referenced project would
promote new or expanded business development in the City of Anna, Texas; and
the City is not a party to the above-reference agreement as amended but
the City Council has determined that said amendment to the agreement should be
approved;
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. CDC Amended Agreement Approved
The City Council hereby approves the amended agreement between the Anna
Community Development Corporation and Hawkins Construction and the expenditure of
funds not to exceed $128,904.16 for contract service purposes to demolish all vacant
structures located on the downtown CDC-owned properties as approved by the CDC on
November 13, 2025.
PASSED by the City Council of the City of Anna, Texas, on this 9th day of December
2025.
Item No. 7.e.
City Council Agenda
Staff Report
Meeting Date: 12/9/2025
Staff Contact: Natasha Roach
AGENDA ITEM:
First Reading of a Resolution approving a project of the Anna Community Development
Corporation authorizing an expenditure not to exceed $154,400 for contract service
purposes subject to CDC Board approval. (Assistant Director of Economic Development
Natasha Roach)
SUMMARY:
Two readings of the Resolution are required prior to authorization of the CDC
expenditure. The Resolution is included in the proceeding item approving an agreement
between the CDC and Toole Design Group, LLC and authorizing the expenditure of
funds for contract services. This item is expected to go before the CDC Board to
authorize the expenditure of funds not to exceed $154,400 on December 11, 2025, at
their CDC/EDC Joint Board Meeting. This is the first reading of the Resolution. The
presiding officer should read the following:
A RESOLUTION OF THE CITY OF ANNA, TEXAS RATIFYING AND APPROVING
THE EXPENDITURE NOT TO EXCEED $154,400 FROM THE ANNA COMMUNITY
DEVELOPMENT CORPORATION TO TOOLE DESIGN GROUP, LLC FOR
CONTRACT SERVICES; SUBJECT TO THE CDC BOARD APPROVAL ON
DECEMBER 11, 2025.
FINANCIAL IMPACT:
BACKGROUND:
See Next Item
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Vibrant.
ATTACHMENTS:
Item No. 7.f.
City Council Agenda
Staff Report
Meeting Date: 12/9/2025
Staff Contact: Natasha Roach
AGENDA ITEM:
Second Reading of a Resolution approving a project of the Anna Community
Development Corporation authorizing an expenditure not to exceed $154,400 for
contract service purposes subject to CDC Board approval. (Assistant Director of
Economic Development Natasha Roach)
SUMMARY:
Two readings of the Resolution are required prior to authorization of the CDC
expenditure. The Resolution is included in the proceeding item approving an agreement
between the CDC and Toole Design Group, LLC and authorizing the expenditure of
funds for contract services. This item is expected to go before the CDC Board to
authorize the expenditure of funds not to exceed $154,400 on December 11, 2025, at
their CDC/EDC Joint Board Meeting. This is the second reading of the Resolution. The
presiding officer should read the following:
A RESOLUTION OF THE CITY OF ANNA, TEXAS RATIFYING AND APPROVING
THE EXPENDITURE NOT TO EXCEED $154,400 FROM THE ANNA COMMUNITY
DEVELOPMENT CORPORATION TO TOOLE DESIGN GROUP, LLC FOR
CONTRACT SERVICES; SUBJECT TO THE CDC BOARD APPROVAL ON
DECEMBER 11, 2025.
FINANCIAL IMPACT:
BACKGROUND:
See Next Item
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Vibrant.
ATTACHMENTS:
Item No. 7.g.
City Council Agenda
Staff Report
Meeting Date: 12/9/2025
Staff Contact: Natasha Roach
AGENDA ITEM:
Consider/Discuss/Action on a Resolution approving an agreement between the Anna
Community Development Corporation and Toole Design Group, LLC and authorizing an
expenditure not to exceed $154,400 for contract service purposes subject to CDC
Board approval. (Assistant Director of Economic Development Natasha Roach)
SUMMARY:
This Contract for Professional Services includes the Scope of Work and Fee Proposal
for the Illustrative Plan for the Downtown District. Originally, this project was budgeted
as a Small Area Plan for downtown, but with the onset of development and the
announcement of incoming businesses, the CDC staff is requesting to revise the scope
of the project to include all of the downtown area for an overall, cohesive design for
future development.
With the expected growth of the downtown area, this project will include and focus on
four phases for developing a framework for the design. Those are as follows:
• Phase 1: Discover - Gaining a firm understanding of the physical environment,
economic and market realities, and community expectations.
• Phase 2: Design - Collaborating with the City and community to design an
Illustrative Plan and Urban Code (optional) that is visionary and implementable.
• Phase 3: Document - Creating a Development Report to serve as a long-term
vision for making downtown Anna into an active, vibrant hub for people of all
ages
• Phase 4: Mobiity Standards - Defining street types, providing dimensional
standards, and developing guidance other key components of the urban fabric to
support safe, comfortable, and efficient travel for people walking, bicycling, riding
transit, and driving.
It is important to note that this is a key document for staff, council, and developers to
use as we continue to develop the heart of our community. The goal is to have an
overall vision of how we want that to look, key aspects and amenities unique to
downtown and to grow intelligently to create sustainable development for the future.
The CDC is partnering with Development Services to include the Mobility Standards in
the project, which will speak to specific details about how neighbors will navigate the
downtown area. This is also being partnered with updating our Code of Ordinances to
make sure we have a consistent, updated, overall plan to include the findings of the
Illustrative Plan project.
FINANCIAL IMPACT:
This item was originally budgeted as a Small Area Plan in the amount of $52,000. With
this revision to the scope, the new cost is $134,600. Development Services will be
contributing approximately $20,000 to this project for their portion of the Mobility
Standards Phase. Therefore, a budget amendment may be required for the Contract
Services category later in the year once the project is complete and final costs have
been determined.
BACKGROUND:
The CDC Board of Directors is expected to vote on this item at their December 11,
2025, CDC/EDC Joint Board Meeting. Staff requests that Council's approval of this item
be subject to the CDC Board approval on December 11th.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Vibrant.
ATTACHMENTS:
1. Council Resolution - CDC Agreement with Toole Design Group (Illustrative Map)
2. Exhibit A Contract for Professional Services - Anna Community Development
Corporation and Toole Design Group, LLC_PE
CITY OF ANNA
the City Council of the City of Anna, Texas (“the City Council”) anticipates
that the Anna Community Development Corporation (the “CDC”) will consider a
resolution approving and authorizing an agreement with Toole Design Group, LLC,
attached hereto as Exhibit A, for the expenditure of funds for contract service purposes;
and
the City Council has determined that said agreement should be approved;
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. CDC Agreement Approved
The City Council hereby approves of the CDC entering into an agreement with Toole
Design Group, LLC and the CDC expending funds not to exceed $154,400 for contract
service purposes subject to approval by the CDC.
by the City Council of the City of Anna, Texas, on this 9th day of December
2025.
APPROVED:
_____________________________
Mayor, Pete Cain
ATTEST:
________________________________
City Secretary, Carrie Land
v 10 2024
Contract for Professional Services Between:
Anna Community Development Corporation (“Client”) and
Toole Design Group, LLC (“TOOLE”)
1. Project Overview:
Project Name: Anna Illustrative Plan
TOOLE Project Number: 00AUS.00361
Client Name: Anna Community Development
Corporation (“Client”)
Contract Effective Date: November 3, 2025
2. Project Information:
TOOLE Budget: $154,400
Term of Agreement: November 3, 2025 – June 30,
2026
Project Location: Anna, Texas
3. Toole Project Manager:
Name: Jorge Planas
Email: jplanas@tooledesign.com
Phone: (407) 664-2423
4. Client Project Manager:
Client: Anna Community Development Corporation
Name: Natasha Roach, Assistant Director of
Economic Development
Email: NRoach@annatexas.gov
Phone: (214) 831-5321
5. TOOLE Main Office Contact Information:
Admin/Finance Address:
1 Inventa Place, Suite 950
Silver Spring, MD 20910
Phone: (301) 927-1900
Contracts: contracts@tooledesign.com
Invoices: accounts.payable@tooledesign.com
& cc TOOLE Project Manager
6. Terms and Conditions:
Except to the extent modified by Amendments (if
applicable), Terms and Conditions attached
incorporated here shall apply.
Exhibits/Attachments:
• Terms and Conditions
• Attachment A - Scope of Work and Detailed Budget and Fees
2
AGREEMENT
between
ANNA COMMUNITY DEVELOPMENT CORPORATION
and
TOOLE DESIGN GROUP, LLC
TOOLE# 00AUS.00361
This Agreement is made as of November 3, 2025, between Toole Design Group, LLC (“TOOLE”)
having its principal office of business at 1 Inventa Place, Suite 950, Silver Spring, MD 20910, and
the Anna Community Development Corporation (“Client”), (collectively the “Parties”) having its
principal office of business at 120 W. 7th Street, Anna, Texas 75409.
AGREEMENT
TOOLE and Client agree as follows:
1. This Agreement does not establish a joint-venture, partnership, employer-employee, or
principal-agent relationship between TOOLE and Client. The relationship between Toole and
Client will be that of an independent contractor.
2. The scope of this Agreement (the “Project” or “Services”) and time period of performance are
as indicated in Attachment A.
3. Client shall compensate TOOLE by paying a lump sum fee with a budget amount of $154,400.
This is based on an estimate of hours, cost of materials, period of performance and other factors
as further described in Attachment A. If any of the above factors has a significant impact on
the initial lump sum amount, Toole will notify Client in writing and work with Client on an
amendment to the lump sum amount. If the lump sum amount has been reached, TOOLE
reserves the right to stop work until a written amendment has been executed by both Parties.
A more detailed description of the compensation for the Services may be found in Attachment
A.
4. TOOLE shall submit invoices (no more frequently than once per month) based on work
completed during that time period and Client shall pay TOOLE within ten (10) days after
receipt of invoice. Should the Client fail to make timely payment, TOOLE reserves the right
to stop work until payment is received.
5. This Agreement shall automatically terminate on June 30, 2026. Before this official date of
termination, the obligation to provide further services under this Agreement may be terminated
by either party upon five (5) business days’ written notice in the event of substantial failure by
the other party to perform in accordance with the terms hereof through no fault of the
terminating party. Upon any termination, TOOLE will be paid for all services completed to the
date of termination.
6. Client shall arrange for access to and make all provisions for TOOLE to enter upon public and
private property as required for TOOLE to perform the Services. TOOLE shall be able to
reasonably rely on any data or information provided by the Client necessary to perform the
Services under this Agreement.
7. Client shall give written notice to TOOLE whenever Client becomes aware of any development
that affects the scope or timing of TOOLE’s Services.
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8. Financial records of TOOLE pertinent to TOOLE’s compensation and payments under this
Agreement will be kept in accordance with generally accepted accounting practices.
9. TOOLE shall maintain all records (including electronic records) in regard to this Agreement
readily available and in legible form. TOOLE shall maintain all books, papers, records,
accounting records, files, accounts, reports, cost proposals with backup data, and all other
material relating to direct costs charged to this Project, and shall make all such material
available at any reasonable time during the term of work on the Project and for two (2) years
from the date of final payment to TOOLE auditing, inspection, and copying upon Client’s
request.
10. Any official notice or other communication required hereunder shall be sent by certified mail
(return receipt requested), and/or other methods as mutually agreed upon, and shall be deemed
given on the date which such notice is received.
To Contractor at: Toole Design Group, LLC
1 Inventa Place, Suite 950
Silver Spring, MD 20910
To Client at: Anna Community Development Corporation
Attn: City Manager and Economic
Development Director
Address:120 W. 7th Street
Anna, Texas 75409
11. TOOLE shall acquire and maintain at all times and until the full and final completion of the
Services under this Agreement: (a) workers compensation insurance in the amount required by
law; (b) commercial general liability insurance including personal injury liability, premises
operations liability, and contractual liability, covering, but not limited to, the liability assumed
under any indemnification provisions of this Agreement, with limits of liability for bodily
injury, death and property damage with limits of not less than $1,000,000.00; and (c)
professional liability insurance for protection from claims arising out of performance of
professional services caused by its negligent acts, errors, or omissions with limits of not less
than $1,000,000.00. Coverage must be on a “per occurrence” basis. All such insurance shall:
(i) be issued by a carrier which is rated “A-1” or better by A.M. Best’s Key Rating Guide and
licensed to do business in the State of Texas; and (ii) name the Client as an additional insured
and contain a waiver of subrogation endorsement in favor of the Client. Upon the execution
of this Agreement, TDG shall provide to the Client certificates of insurance evidencing such
insurance coverage together with the declaration of such policies, along with the endorsement
naming the Client as an additional insured. Each such policy shall provide that, at least 30 days
prior to the cancellation, non-renewal or modification of the same, the Client shall receive
written notice of such cancellation, non-renewal or modification.
12. To the fullest extent permitted by law, Client and TOOLE each agree to indemnify the other
party and the other party’s officers, directors, partners, employees, and representatives, from
and against losses, damages, and judgments arising from claims by third parties, including
reasonable attorneys’ fees and expenses recoverable under applicable law, but only to the
extent they are found to be caused by a negligent act, error, or omission of the indemnifying
party or any of the indemnifying party’s officers, directors, members, partners, agents,
employees, or subconsultants in the performance of services under this Agreement. If claims,
losses, damages, and judgments are found to be caused by the joint or concurrent negligence
of Client and TOOLE, they shall be borne by each party in proportion to its negligence.
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13. All original design calculations, field notes, quantity calculations, logos, maps, photographs,
written reports, necessary project specific provisions, and other material including drawings
prepared under this agreement (“Data”), and without regard to the media in which the Data
was developed, shall be the property of the Client and TOOLE. Client shall make available to
TOOLE drawings, specifications, schedules and other information and data which are pertinent
to TOOLE’s Services. These aforementioned non-public documents, information, and data
shall remain the property of the Client and/or of another party if required.
14. If this Agreement provides for any construction phase services by TOOLE, it is understood
that the Contractor, not TOOLE, is responsible for the construction of the project, and that
TOOLE is not responsible for the acts or omissions of any contractor, subcontractor or material
supplier; for safety precautions, programs or enforcement; or for construction means, methods,
techniques, sequences and procedures employed by the Contractor.
15. The standard of care for all professional services performed or furnished by TOOLE under this
Agreement will be the skill and care used by members of TOOLE’s profession practicing under
similar circumstances at the same time and in the same locality. TOOLE makes no warranties,
express or implied, under this Agreement or otherwise, in connection with TOOLE’s services
16. Any dispute resolution process will be governed by the procedures outlined in this Agreement.
Any disputes relating to this Agreement shall be submitted to a senior representative of each
Party who shall have the authority to enter into an agreement to resolve the dispute
(“Representative”). The Representatives shall not have been directly involved in the
performance of the Services and shall negotiate in good faith. If the Representatives are unable
to resolve the dispute within three weeks or within such longer time period as the
representatives may agree, the dispute may be decided by alternative forms of dispute
resolution (such as neutral mediation) as mutually agreed or either Party may then pursue its
respective rights in law or equity. No written or verbal representation made by either Party in
the course of any discussions between the Representatives or other settlement negotiations
shall be deemed to be a party admission.
17. This Agreement shall be governed by and constructed and enforced in accordance with the
laws of the State of Texas without regard to any choice-of-law provisions.
18. If any legal proceedings should be instituted by either party to enforce the terms of this
Agreement or to determine the rights of the partied hereto, each party shall pay for their own
attorney’s fees, expert witness fees, and costs.
19. Force majeure shall include, but not be limited to, any acts of God or the public enemy;
compliance with any order, rule, regulation, decree, or request of any governmental authority
or agency or person purporting to act therefore; acts of war, public disorder, rebellion,
terrorism, or sabotage; floods, hurricanes, or other storms; strikes or labor disputes; or any
other cause, whether or not of the class or kind specifically named or referred to herein, not
within the reasonable control of the Party affected. A delay in or failure of performance of
either Party shall not constitute a default hereunder nor be the basis for, or give rise to, any
claim for damages, if and to the extent such delay or failure is caused by force majeure.
20. Client and TOOLE shall not be liable to each other for indirect, incidental, special, economic
consequential, or punitive damages of any kind (including but not limited to lost profits and
operation costs).
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21. In the event that any term or condition of this Agreement is held to be illegal, invalid, or
unenforceable under the Law, such term or condition shall be deemed severed from this
Agreement and the remaining terms and conditions shall remain unaffected and thereby
continue in full force.
22. This Agreement represents the entire integrated agreement between TOOLE and Client and
supersedes and replaces all of the terms and conditions of any prior agreements, arrangements,
negotiations, or representations, written or oral, which have not been specifically incorporated
by reference herein with respect to this Agreement. This Agreement may be changed, modified
or altered only by written agreement of the parties.
IN WITNESS WHEREOF, the Parties hereto have made, executed and agreed to this Agreement
as the day and year first above written.
Toole Design Group, LLC Anna Community Development Corporation
By: By:
Name:Jared Draper Name:Bruce Norwood
Title: Director of Operations, South Title: President
SCOPE OF WORK AND FEE PROPOSAL
October 7, 2025
Dear Natasha,
Toole Design Group, LLC is pleased to submit this scope of work to the City of Anna to provide an illustrative plan
for the Downtown District based on the boundaries identified in the PDF you sent on July 18, 2025. This letter
outlines the scope, schedule, and fee for the consultant services the Toole Design Team will provide. This scope
Downtown Anna that strengthens quality of life and guides future investment
Please let us know if you have any questions or feedback about this scope of work and fee. These tasks can be
Project Understanding
The City of Anna desires an Illustrative Plan to guide public and private investment in the Downtown District. An
Illustrative Plan is a visual representation that shows how a development or revitalization concept could be built
out over time. Its purpose is to convey the design vision, spatial relationships, and intended character of an area.
In partnership with the City of Anna and key stakeholders, Toole Design will craft the Illustrative Plan to serve as a
tailed regulatory tools (like zoning or form-based codes) that will
guide actual implementation. The boundaries for the Illustrative Plan are noted in the attached map, which was
provided by the City of Anna.
Part of the Illustrative Plan will include conceptual plans for the sites owned by several generational families and
demonstrate its future potential development. The conceptual plans will illustrate recommendations for the
schematic layout addressing land use, general location of public and private tracts, patterns of circulation, as well
as the preliminary design of parks and other amenities with thoughtful integration of the surrounding context. This
portion of the plan will be especially valuable in demonstrating development potential for legacy properties that
The Illustrative Plan will include five diagrams that break down key components of the master plan showing
how people move (Mobility), where green spaces are located (Open Space), the placement of important public
facilities (Civic Uses and Buildings), areas suitable for development (Developable Land), and sequential order of
implantation (Phasing Plan). These diagrams will be provided in PDF and editable GIS formats and are described
in more detail below.
Mobility Network: Indicating access and throughways for various types of users and modes of mobility:
pedestrian, bicycle and trail, vehicular, and transit.
o Pedestrian ways: demarcating rights-of-ways, sidewalk area and plantings - which may include
Pedestrian Passages and Pedestrian Paths.
Attachment A
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o Bicycle and Trail ways: demarcating rights-of-ways, route area and plantings - which may include
various forms of bike access through shared or separate lanes, as well as routes for people and
equestrians.
o Vehicular ways: demarcating rights-of-ways, sidewalk area, finishings areas, planter type,
plantings, parking, and travel lanes - which may include boulevards, avenues, streets, roads,
alleys, and lanes.
o Transit ways: demarcating transit routes and transit stop locations.
Open Space: Indicating the paved and non-paved areas for parks, plazas, squares, playgrounds, sport
fields, trails, water bodies, wildlife corridors, agriculture, greenbelts, and natural preserves.
Civic Uses and Buildings Diagram: Indicating sites and buildings used or reserved for civic purposes.
Developable Land: Indicating boundaries of private property, civic reservations, parking pods, and areas
available for development.
Phasing Plan: outlines sequential approach to implementing the plan, prioritizing projects based on
needs, impact and available resources.
Perspective renderings, generated by freehand or computerized sketch, will show four different scenes that
illustrate the desired character of Downtown Anna. These renderings will be in color, provided digitally, and will
focus on:
Civic Space: such as a new park, open space, or high-profile streetscape
Commercial Street: may show one of the gateways into Downtown Anna and how public and private
development can work toward an inviting look and feel for specific intersections and corridors
Residential Street: a typical street within the downtown of primarily residential use
Special Project: to be discussed with the City; envisioned to be a catalyst project that will help spur
activity and vibrancy for Downtown Anna
In addition to the above items, a development capacity matrix will be included to assist the City of Anna with
ongoing implementation. This matrix will include calculations and diagrams for the items identified below to help
guide investment decisions and provide a foundation for budgeting and costs
Open Space
Developable Land
Lot Type Count
Unit Counts
The deliverables will be organized into a Development Report. This will include further refinement of all the
information begun during the Discovery and Design phase. The materials developed will be placed into a booklet
with illustrations and all relevant information. This report will serve as a showcase to attract investors and be
used for marketing material.
Project Approach
Work Plan & Timeline
The following outlines our approach and the anticipated scope of work. We recommend a five-month, charrette-
approach working with communities on similar projects, including Denison, Sulphur Springs, and Tyler. The four
lively and active destination.
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1. DISCOVER: Gaining a firm understanding of the physical environment, economic and market realities,
and community expectations.
2. DESIGN: Collaborating with the City and community to design an Illustrative Plan and Urban Code
(optional) that is visionary and implementable.
3. DOCUMENT: Creating a Development Report to serve as a long-term vision for making downtown Anna
into an active, vibrant hub for people of all ages.
4. MOBILITY STANDARDS: Defining street types, providing dimensional standards, and developing
guidance other key components of the urban fabric to support safe, comfortable, and efficient travel for
people walking, bicycling, riding transit, and driving.
PHASE 1: DISCOVER
Phase 1 focuses on working with the City of Anna to develop a project management structure that will guide the
planning process and establish an understanding of Downtown Anna as a community and as a physical place.
Task 1.1: Project Management
The Toole Design Team will prepare for and participate in a Project Kickoff Meeting with the City and others as
appropriate, to review the scope of work, schedule, deliverables, budget, key project assumptions, and data
availability, and clearly identify project expectations. Information from this meeting will inform the creation of the
Project Management Strategy.
A Project Management Strategy will be developed, complete with a Quality Assurance/Quality Control (QA/QC)
approach and associated procedures. As appropriate, procedures, standards, and guidelines will be provided to
project staff to ensure final products meet or exceed expectations.
Toole Design will conduct ongoing coordination with City staff and others as appropriate. This will include
monthly invoices and progress reports will be prepared.
Task 1.2: Review Previous Plans & Studies
Anna Design Standards, and any other relevant documents. The review will identify key policies, priorities, and
recommendations that can be incorporated as part of the Illustrative Plan. We will be respectful of these previous
planning efforts since they are typically developed from significant public engagement.
Task 1.3: Basemapping & GIS Analysis
We understand that the Anna 2050 Downtown Master Plan performed an existing conditions analysis to review
existing land uses, mobility, historic resources, vacant parcels, property ownership, etc. We will work with the City
of Anna to review the previous analysis and, where information has changed (such as with property ownership or
vacant parcels), our team will update only those basemaps. This will ensure that we have the latest information
that will help serve as the basis for creating the Illustrative Plan. Our team will produce a series of additional
diagrammatic maps showing the context of the area in relationship to such community aspects as the overall
transportation network and mobility, open spaces, major destinations, land use patterns, zoning regulations,
housing types, parking assets, environmental issues, topography, waterways and floodplains, and historic
resources.
Task 1.4: Community Kickoff Event & Stakeholder Interviews
As a final task for Phase 1, our team will conduct a kickoff event for the public. This event will be structured for
stakeholders and the community to learn firsthand about this planning process and future engagement activities,
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confirm what information we've learned to date from our existing conditions analysis, and help us set the vision
and guiding principles for the Illustrative Plan.
While our team is in town for the community kickoff event, we will schedule one-on-one and/or small focus group
meetings over a 2-3 day period to uncover information, insights, and ideas that will help guide the next phase of
work.
PHASE 1 DELIVERABLES:
Project Kickoff Meeting (virtual)
Project Management Strategy
Biweekly Project Management Meetings (virtual)
Monthly Invoices and Project Reports
Community Kickoff Meeting & Stakeholder Interviews (in-person)
Existing Conditions Summary Presentation
Meeting and Presentation Materials
PHASE 1 ASSUMPTIONS:
City will work with the team to identify stakeholders, schedule interviews, and identify and secure a space
for the Stakeholder Interviews
City will identify and secure space for the Community Kickoff Event
If desired, City will host a project website (or webpage on an existing site) and push content out through
their social media channels
PHASE 2: DESIGN
The physical form of a place places for development shaped by a compact network of streets designed to be
remarkable public spaces for people is foundational for healthy, affordable, and vibrant downtowns. Land uses,
buildings, streets, paths, trails, and public spaces must be clearly organized and exceptionally designed to have
In
this phase, Toole Design will build on the foundation of the Downtown Master Plan and work with the City and
-owned sites that
.
Task 2.1: Multi-day Design Charrette
We propose facilitating a multi-day charrette with the key stakeholders and, if desired, the public. The charrette
will be interactive where stakeholders, the community, designers, industry experts, and technical experts work
together to develop design and planning solutions. We will conduct our charrette at a central location to allow
easy access for all and the ability for team field surveying. This charrette is where much of our work is done.
A well-planned charrette has many benefits. First, those influential to the project develop a vested interest in the
plan, understand how it was developed and take ownership in its vision. Second, our interdisciplinary team works
together to produce a complete plan to address all aspects of its design and implementation.
The collective effort organizes the input of all the players during focused meetings, thereby eliminating the need
for prolonged discussion that can delay the project and push the budget. Finally, a better product is produced
more efficiently and more cost effectively due to its collaborative nature which can significantly reduce the need
for re-work at future dates.
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Charrette Team
The purpose of the charrette is to bring together an experienced team of land use and transportation planners,
urban designers, landscape architects, architects, and policy/implementation specialists to collaboratively develop
plans and solutions. For the charrette, we will bring a team of professionals and support staff who will work on-
site. Having our experts in one place at one time allows us to leverage meetings with key stakeholders who live,
work, and understand the dynamic, evolving environment of Downtown Anna. Compressing what could be a
multitude of meetings and weeks or months of back-and-forth allows us to be more efficient in managing project
resources and enabling stakeholders to get more done.
Charrette Agenda
stakeholders, and public, with room to support small-group discussions and hold a final presentation. The
charrette will focus on three main events: 1) a community visioning workshop; 2) a design studio open to the
public daily; and 3) a closing open house on the charrette results and initial recommendations.
During the charrette, an in-person meeting will be held in the evening of the first day where the City and Toole will
discuss existing conditions, ideas heard to date, and any initial planning ideas. Then over the next three days, our
team will work on-site to develop an Illustrative Plan that is reflective of the on-the-ground realities and aligns with
the vision and goals of the community.
Stakeholders are encouraged and welcome to schedule a meeting with the project planners and designers on day
two. We will have an interim review of the charrette products with the team prior to the closing presentation on
day four. The closing presentation will be in-person at the charrette site to discuss what we heard during the week
and our design concepts.
PHASE 2 DELIVERABLES:
Meeting Materials and Presentations for the Design Charrette
Draft Illustrative Plan developed during the Design Charrette
Design Charrette Summary Presentation
PHASE 2 ASSUMPTIONS:
City will identify and secure space for the Design Charrette
PHASE 3: DOCUMENT
Our final phase of work will be focused on crafting a document that summarizes what we heard and provides a
Task 3.1: Draft and Final Plan
A significant amount of work will be developed during the earlier phases, particularly during the Design Charrette.
Our team will work with the final deliverable in mind during earlier tasks, with the intent that earlier deliverables
and products such as conceptual designs, high-level design standards, and recommendations are of such a
quality that they can be included in the Development Report.
The Illustrative Plan will be a graphically rich document that includes the following key deliverables:
Summary of Existing Conditions
Summary of Public Engagement Activities
Illustrative Plan
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Plan Diagrams
Renderings of key locations
Task 3.2: Final Presentations
We will prepare for and facilitate two (2) final presentations for the Illustrative Plan. The first will be a presentation
of the final draft document for final review and comment by key stakeholders (and the public, if desired). Once we
have finalized the document based on any closing community feedback, we will attend a final meeting to present
the work to City for staff acceptance.
PHASE 3 DELIVERABLES:
Draft and Final Illustrative Plan
Final Public Presentation (In-person)
Final Presentation to City for staff acceptance (in-person)
PHASE 3 ASSUMPTIONS:
City will consolidate all comments for the Draft Development Report into one PDF
City will identify and secure a location for the Final Public Presentation
PHASE 4: MOBILITY STANDARDS
Toole Design will prepare a standalone set of mobility standards tailored for the City of Anna. Mobility Standards
are guidelines with drawings and dimensions that organize pedestrian, bicycle, trail, vehicle, and transit routes.
These standards will provide a clear, regulatory framework for the design and organization of public rights-of-way,
ensuring that pedestrian, bicycle, transit, and vehicle needs are addressed in a consistent and context-sensitive
way.
-town identity while supporting safe, comfortable, and
efficient travel for people walking, bicycling, riding transit, and driving. By establishing a clear framework for rights-
of-way, the City will be able to guide development and infrastructure decisions in a way that balances mobility,
livability, and long-term stewardship of the public realm.
The mobility standards will include:
Street types appropriate for Anna: Ranging from rural to urban, with representative cross-sections
showing typical arrangements of travel lanes, bicycle facilities, sidewalks, and planting/furnishing zones.
Dimensional standards: Summaries of right-of-way widths, lane widths, sidewalks, and frontage zones
that establish a baseline for planning and engineering review.
Public realm elements: Regulatory-level guidance on sidewalks, tree and planting zones, lighting, and
furnishings. The standards will establish expectations without prescribing highly specific design details,
allowing for future calibration by the City.
Illustrations and tables: Simple diagrams and charts that present requirements in a clear and accessible
format.
In addition, Toole Design will enhance the framework with layers of best practices that go beyond traditional
standards. These enhancements may include safety principles such as speed management by design,
protected intersections, and self-enforcing geometries; universal design features such as ADA-compliant
sidewalks, tactile paving, audible signals, and other inclusive safety considerations; and sustainability and
resilience elements including green infrastructure, stormwater planters, providing adequate soil volume for long-
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term tree canopy growth, dark-sky compliant lighting, and heat mitigation strategies. The standards may also
incorporate emerging mobility needs, including low-stress bike networks, micromobility zones, mobility hubs,
and freight/delivery management.
These regulatory-level standards will be delivered as a standalone element, structured for future integration into
alignment with their ongoing code updates, but this task does not include preparing a Regulating Plan or
undertaking a comprehensive rewrite of existing City codes. This task is expected to run concurrently with
Phase 3.
PHASE 4 DELIVERABLES:
Draft Mobility Standards document (PDF).
Final Mobility Standards document (PDF and editable format).
Fee
reflects the four phases described above. It is anticipated that this project can be completed in five months or
less.
Fee Schedule for City of Anna Illustrative Plan
Task Fee
Phase 1: Discover $29,200
Phase 2: Design $37,600
Phase 3: Document $58,200
Phase 4: Mobility Standards $19,800
Expenses $9,600
Total $154,400
We appreciate the opportunity to partner with the City of Anna on this important effort. We look forward to refining
.
Sincerely,
Eric Childs, PLA, ASLA, LEED AP | Senior Landscape Architect
TOOLE DESIGN
659 Auburn Avenue, Suite 255 | Atlanta, GA 30312
echilds@tooledesign.com | 470.800.9525 x655
Item No. 7.h.
City Council Agenda
Staff Report
Meeting Date: 12/9/2025
Staff Contact: Joey Grisham
AGENDA ITEM:
Conduct a Public Hearing regarding the creation of Liberty Hills Public Improvement
District No. 2 pursuant to Section 372.009, Texas Local Government Code and
Consider/Discuss/Action a resolution approving the creation of the Liberty Hills Public
Improvement District No. 2 and Ordering Public Improvements to be made for the
benefit of such District; providing for a severability clause; providing an effective date;
and containing other matters relating to the subject. (Director of Economic Development
Joey Grisham)
SUMMARY:
Staff received a PID petition for Liberty Hills on October 29, 2025, and pursuant to
Chapter 372.009, a public hearing is required to create a Public Improvement District.
The Development Agreement was approved on May 14, 2024, which states that the city
will use reasonable efforts to create the PID(s) for the Liberty Hills Development. This
development will bring significant tax value to the city and include higher construction
standards, limited sale of property to institutional investors, and a large commercial
corridor.
FINANCIAL IMPACT:
N/A
BACKGROUND:
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Vibrant.
ATTACHMENTS:
1. Resolution Creating Liberty Hills PID No. 2 v1
CERTIFICATE FOR RESOLUTION
THE STATE OF TEXAS
COLLIN COUNTY
CITY OF ANNA
We, the undersigned officers of the City of Anna, Texas (the "City"), hereby certify as
follows:
1. The City Council (the "Council") of the City convened in a regular meeting on
December 9, 2025, at the regular designated meeting place, and the roll was called of the duly
constituted officers and members of the Council, to wit:
Pete Cain, Mayor Kelly Patterson-Herndon, Council Member
Kevin Toten, Mayor Pro Tem Elden Baker, Council Member
Stan Carver II, Deputy Mayor Pro-Tem Manny Singh, Council Member
Nathan Bryan, Council Member
Marc Marchand, Acting City Manager
Carrie Land, City Secretary
and all of said persons were present, except _____________________________________________,
thus constituting a quorum. Whereupon, among other business the following was transacted at said
meeting: a written
A RESOLUTION REGARDING THE CREATION OF THE LIBERTY HILLS PUBLIC
IMPROVEMENT DISTRICT NO. 2 AND ORDERING PUBLIC IMPROVEMENTS TO
BE MADE FOR THE BENEFIT OF SUCH DISTRICT; PROVIDING FOR A
SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND
CONTAINING OTHER MATTERS RELATING TO THE SUBJECT.
was duly introduced for the consideration of the Council. It was then duly moved and seconded that
said Resolution be passed; and, after due discussion, said motion, carrying with it the passage of said
Resolution, prevailed and carried, with all members of the Council shown present above voting
"Aye," except as noted below:
NAYS: ABSTENTIONS:
2. A true, full, and correct copy of the aforesaid Resolution passed at the meeting
described in the above and foregoing paragraph is attached to and follows this Certificate; said
Resolution has been duly recorded in the Council's minutes of said meeting; the above and foregoing
paragraph is a true, full, and correct excerpt from the Council's minutes of said meeting pertaining to
the passage of said Resolution; the persons named in the above and foregoing paragraph are the duly
chosen, qualified, and acting officers and members of the Council as indicated therein; that each of
the officers and members of the Council was duly and sufficiently notified officially and personally,
in advance, of the time, place, and purpose of the aforesaid meeting, and that said Resolution would
be introduced and considered for passage at said meeting, and each of said officers and members
consented, in advance, to the holding of said meeting for such purpose; and that said meeting was
open to the public, and public notice of the time, place, and purpose of said meeting was given all as
required by the Texas Government Code, Chapter 551.
Signature Page to a Certificate for
A RESOLUTION REGARDING THE CREATION OF THE LIBERTY HILLS PUBLIC
IMPROVEMENT DISTRICT NO. 2 AND ORDERING PUBLIC IMPROVEMENTS TO
BE MADE FOR THE BENEFIT OF SUCH DISTRICT; PROVIDING FOR A
SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND CONTAINING
OTHER MATTERS RELATING TO THE SUBJECT.
3. The Council has approved and hereby approves the Resolution; and the Mayor (or
Mayor Pro Tem) and City Secretary hereby declare that their signing of this certificate shall constitute
the signing of the attached and following copy of said Resolution for all purposes.
SIGNED AND SEALED ON DECEMBER 9, 2025.
ATTEST: ___________________________________
Pete Cain, Mayor
___________________________________
Carrie L. Land, City Secretary
(SEAL)
more than fifty percent (50%) of the area of all real property that is liable for assessment
under the proposal;
(b) the proposed public improvements described in the Petition are of the nature of the public
improvements described in Section 372.003 of the Act and are advisable and desirable
improvements for the District;
(c) the proposed public improvements will promote the interests of the City and are of the
nature that will confer a special benefit on the Property within the District by enhancing the
value of such Property located within the District;
(d) the general nature of the proposed public improvements and estimated costs thereof are set
forth and described in Exhibit B attached hereto and made a part hereof for all purposes;
(e) the boundaries of the District include all of the Property that is set forth and described in
Exhibit A attached hereto and made a part hereof for all purposes;
(f) the assessment of costs of the proposed improvements will be levied on each parcel of
property within the District in a manner that results in imposing equal shares of the costs
on property similarly benefitted;
(g) the costs of the improvements shall be apportioned between the District and City such that
all such costs are paid from the assessments levied on the Property within the District and
other sources available to the owners and developers of the Property within the District, as
further described in Exhibit B; and
(h) the District shall be managed without the creation of an advisory body.
Section 3. Based on the foregoing, the District is hereby created as a public improvement district
under the Act in accordance with the findings of the City Council as to the advisability of the public
improvements described in Exhibit B, the nature and the estimated costs of the public improvements, the
boundaries of the District, the method of assessment, and the apportionment of costs as described herein,
which are authorized to be made in accordance with the service and assessment plan to be approved by the
City Council.
Section 4. The City Council hereby authorizes and directs the City Secretary, on or before
December 16, 2025, in accordance with the Act, to file this Resolution with the County Clerk of Collin
County, Texas.
Section 5. If any section, article, paragraph, sentence, clause, phrase or word in this resolution or
application thereof to any persons or circumstances is held invalid or unconstitutional by a court of
competent jurisdiction, such holding shall not affect the validity of the remaining portions of this resolution;
and the City Council hereby declares it would have passed such remaining portions of the resolution despite
such invalidity, which remaining portions shall remain in full force and effect.
Section 6. This Resolution has been approved by majority vote of all members of the City Council
and constitutes the improvement order establishing and creating the District in accordance with the Act.
Section 7. This Resolution shall take effect immediately from and after the date of its passage in
accordance with law.
2
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS,
THIS 9TH DAY OF DECEMBER, 2025.
Pete Cain, Mayor
ATTEST:
Carrie L. Land, City Secretary
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
EXHIBIT B
PROPOSED IMPROVEMENTS AND ESTIMATED COSTS
Nature of the Authorized Improvements: The general nature of the proposed public improvements may include
(a) acquisition, construction and improvements, and maintenance of the improvements, consisting of (i) street
and roadway improvements, including related sidewalks, drainage, utility relocation, signalization,
landscaping, lighting, signage, off-street parking and right-of-way; (ii) establishment or improvement of parks
and open space, together with the design, construction of any ancillary structures, features or amenities such
as trails, playgrounds, walkways, lighting and any similar items located therein; (iii) sidewalks and
landscaping, including entry monuments and features, fountains, lighting and signage; (iv) acquisition,
construction, and improvement of water, wastewater and drainage improvements and facilities and facilities
related thereto; (v) acquisition of real property, interests in real property, or contract rights in connection with
the Authorized Improvements (as defined below); (vi) payment of costs, including, without limitation, design,
engineering, permitting, legal, required payment, performance and maintenance bonds, bidding, support,
construction, construction management, administrative and inspection costs, associated with developing and
financing the public improvements listed in (i) through (v) above; (vii) payment of costs associated with
operating and maintaining the public improvements listed in (i) through (v) above; (viii) payment of costs of
establishing, administering, and operating the District, as well as the interest, costs of issuance, reserve funds,
or credit enhancement of bonds issued for the purposes described in (i) through (viii) above (collectively, the
“Authorized Improvements”); and (b) the payment of expenses incurred in the establishment, administration,
and operation of the District, including maintenance costs, costs of issuance, funding debt service and
capitalized interest reserves and credit enhancement fees of any bonds issued by or on behalf of the District,
if necessary. These Authorized Improvements shall promote the interests of the City and confer a special
benefit upon the Property.
Estimated Costs of the Authorized Improvements and Apportionment of Costs: The estimated total costs of
the Authorized Improvements is $137,000,000.00, which costs shall be paid by assessment of the property
owners within the proposed District. The City will not be obligated to provide any funds to finance the
Authorized Improvements, other than from assessments levied on the Property. The developer of the property
(the “Developer”) may also pay certain costs of the Authorized Improvements from other funds available to
the Developer.
Item No. 7.i.
City Council Agenda
Staff Report
Meeting Date: 12/9/2025
Staff Contact: Joey Grisham
AGENDA ITEM:
Conduct a Public Hearing regarding the creation of Liberty Hills Public Improvement
District No. 3 pursuant to Section 372.009, Texas Local Government Code and
Consider/Discuss/Action on a resolution approving the creation of the Liberty Hills
Public Improvement District No. 3 and Ordering Public Improvements to be made for the
benefit of such District; providing for a severability clause; providing an effective date;
and containing other matters relating to the subject. (Director of Economic Development
Joey Grisham)
SUMMARY:
Staff received a PID petition for Liberty Hills on October 29, 2025, and pursuant to
Chapter 372.009, a public hearing is required to create a Public Improvement District.
The Development Agreement was approved on May 14, 2024, which states that the city
will use reasonable efforts to create the PID(s) for the Liberty Hills Development. This
development will bring significant tax value to the city and include higher construction
standards, limited sale of property to institutional investors, and a large commercial
corridor.
FINANCIAL IMPACT:
N/A
BACKGROUND:
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Vibrant.
ATTACHMENTS:
1. Resolution Creating Liberty Hills PID No. 3 v1
CERTIFICATE FOR RESOLUTION
THE STATE OF TEXAS
COLLIN COUNTY
CITY OF ANNA
We, the undersigned officers of the City of Anna, Texas (the "City"), hereby certify as
follows:
1. The City Council (the "Council") of the City convened in a regular meeting on
December 9, 2025, at the regular designated meeting place, and the roll was called of the duly
constituted officers and members of the Council, to wit:
Pete Cain, Mayor Kelly Patterson-Herndon, Council Member
Kevin Toten, Mayor Pro Tem Elden Baker, Council Member
Stan Carver II, Deputy Mayor Pro-Tem Manny Singh, Council Member
Nathan Bryan, Council Member
Marc Marchand, Acting City Manager
Carrie Land, City Secretary
and all of said persons were present, except _____________________________________________,
thus constituting a quorum. Whereupon, among other business the following was transacted at said
meeting: a written
A RESOLUTION REGARDING THE CREATION OF THE LIBERTY HILLS PUBLIC
IMPROVEMENT DISTRICT NO. 3 AND ORDERING PUBLIC IMPROVEMENTS TO
BE MADE FOR THE BENEFIT OF SUCH DISTRICT; PROVIDING FOR A
SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND
CONTAINING OTHER MATTERS RELATING TO THE SUBJECT.
was duly introduced for the consideration of the Council. It was then duly moved and seconded that
said Resolution be passed; and, after due discussion, said motion, carrying with it the passage of said
Resolution, prevailed and carried, with all members of the Council shown present above voting
"Aye," except as noted below:
NAYS: ABSTENTIONS:
2. A true, full, and correct copy of the aforesaid Resolution passed at the meeting
described in the above and foregoing paragraph is attached to and follows this Certificate; said
Resolution has been duly recorded in the Council's minutes of said meeting; the above and foregoing
paragraph is a true, full, and correct excerpt from the Council's minutes of said meeting pertaining to
the passage of said Resolution; the persons named in the above and foregoing paragraph are the duly
chosen, qualified, and acting officers and members of the Council as indicated therein; that each of
the officers and members of the Council was duly and sufficiently notified officially and personally,
in advance, of the time, place, and purpose of the aforesaid meeting, and that said Resolution would
be introduced and considered for passage at said meeting, and each of said officers and members
consented, in advance, to the holding of said meeting for such purpose; and that said meeting was
open to the public, and public notice of the time, place, and purpose of said meeting was given all as
required by the Texas Government Code, Chapter 551.
Signature Page to a Certificate for
A RESOLUTION REGARDING THE CREATION OF THE LIBERTY HILLS PUBLIC
IMPROVEMENT DISTRICT NO. 3 AND ORDERING PUBLIC IMPROVEMENTS TO
BE MADE FOR THE BENEFIT OF SUCH DISTRICT; PROVIDING FOR A
SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND CONTAINING
OTHER MATTERS RELATING TO THE SUBJECT.
3. The Council has approved and hereby approves the Resolution; and the Mayor (or
Mayor Pro Tem) and City Secretary hereby declare that their signing of this certificate shall constitute
the signing of the attached and following copy of said Resolution for all purposes.
SIGNED AND SEALED ON DECEMBER 9, 2025.
ATTEST: ___________________________________
Pete Cain, Mayor
___________________________________
Carrie L. Land, City Secretary
(SEAL)
more than fifty percent (50%) of the area of all real property that is liable for assessment
under the proposal;
(b) the proposed public improvements described in the Petition are of the nature of the public
improvements described in Section 372.003 of the Act and are advisable and desirable
improvements for the District;
(c) the proposed public improvements will promote the interests of the City and are of the
nature that will confer a special benefit on the Property within the District by enhancing the
value of such Property located within the District;
(d) the general nature of the proposed public improvements and estimated costs thereof are set
forth and described in Exhibit B attached hereto and made a part hereof for all purposes;
(e) the boundaries of the District include all of the Property that is set forth and described in
Exhibit A attached hereto and made a part hereof for all purposes;
(f) the assessment of costs of the proposed improvements will be levied on each parcel of
property within the District in a manner that results in imposing equal shares of the costs
on property similarly benefitted;
(g) the costs of the improvements shall be apportioned between the District and City such that
all such costs are paid from the assessments levied on the Property within the District and
other sources available to the owners and developers of the Property within the District, as
further described in Exhibit B; and
(h) the District shall be managed without the creation of an advisory body.
Section 3. Based on the foregoing, the District is hereby created as a public improvement district
under the Act in accordance with the findings of the City Council as to the advisability of the public
improvements described in Exhibit B, the nature and the estimated costs of the public improvements, the
boundaries of the District, the method of assessment, and the apportionment of costs as described herein,
which are authorized to be made in accordance with the service and assessment plan to be approved by the
City Council.
Section 4. The City Council hereby authorizes and directs the City Secretary, on or before
December 16, 2025, in accordance with the Act, to file this Resolution with the County Clerk of Collin
County, Texas.
Section 5. If any section, article, paragraph, sentence, clause, phrase or word in this resolution or
application thereof to any persons or circumstances is held invalid or unconstitutional by a court of
competent jurisdiction, such holding shall not affect the validity of the remaining portions of this resolution;
and the City Council hereby declares it would have passed such remaining portions of the resolution despite
such invalidity, which remaining portions shall remain in full force and effect.
Section 6. This Resolution has been approved by majority vote of all members of the City Council
and constitutes the improvement order establishing and creating the District in accordance with the Act.
Section 7. This Resolution shall take effect immediately from and after the date of its passage in
accordance with law.
2
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS,
THIS 9TH DAY OF DECEMBER, 2025.
Pete Cain, Mayor
ATTEST:
Carrie L. Land, City Secretary
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
EXHIBIT B
PROPOSED IMPROVEMENTS AND ESTIMATED COSTS
Nature of the Authorized Improvements: The general nature of the proposed public improvements may include
(a) acquisition, construction and improvements, and maintenance of the improvements, consisting of (i) street
and roadway improvements, including related sidewalks, drainage, utility relocation, signalization,
landscaping, lighting, signage, off-street parking and right-of-way; (ii) establishment or improvement of parks
and open space, together with the design, construction of any ancillary structures, features or amenities such
as trails, playgrounds, walkways, lighting and any similar items located therein; (iii) sidewalks and
landscaping, including entry monuments and features, fountains, lighting and signage; (iv) acquisition,
construction, and improvement of water, wastewater and drainage improvements and facilities and facilities
related thereto; (v) acquisition of real property, interests in real property, or contract rights in connection with
the Authorized Improvements (as defined below); (vi) payment of costs, including, without limitation, design,
engineering, permitting, legal, required payment, performance and maintenance bonds, bidding, support,
construction, construction management, administrative and inspection costs, associated with developing and
financing the public improvements listed in (i) through (v) above; (vii) payment of costs associated with
operating and maintaining the public improvements listed in (i) through (v) above; (viii) payment of costs of
establishing, administering, and operating the District, as well as the interest, costs of issuance, reserve funds,
or credit enhancement of bonds issued for the purposes described in (i) through (viii) above (collectively, the
“Authorized Improvements”); and (b) the payment of expenses incurred in the establishment, administration,
and operation of the District, including maintenance costs, costs of issuance, funding debt service and
capitalized interest reserves and credit enhancement fees of any bonds issued by or on behalf of the District,
if necessary. These Authorized Improvements shall promote the interests of the City and confer a special
benefit upon the Property.
Estimated Costs of the Authorized Improvements and Apportionment of Costs: The estimated total costs of
the Authorized Improvements is $5,000,000.00, which costs shall be paid by assessment of the property owners
within the proposed District. The City will not be obligated to provide any funds to finance the Authorized
Improvements, other than from assessments levied on the Property. The developer of the property (the
“Developer”) may also pay certain costs of the Authorized Improvements from other funds available to the
Developer.
Item No. 7.j.
City Council Agenda
Staff Report
Meeting Date: 12/9/2025
Staff Contact: Joey Grisham
AGENDA ITEM:
First Reading of a Resolution approving a loan agreement between the Anna
Community Development Corporation and Government Capital Corporation to finance
land acquisition. (Director of Economic Development Joey Grisham)
SUMMARY:
Two readings of the Resolution are required prior to authorization of the agreement. The
Resolution is included in the proceeding item approving an agreement between the
CDC and Government Capital. The CDC Board authorized the agreement on November
13, 2025. This is the first reading of the Resolution. The presiding officer should read
the following:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS
RATIFYING AND AUTHORIZING THE ANNA COMMUNITY DEVELOPMENT
CORPORATION TO ENTER INTO A LOAN AGREEMENT WITH GOVERNMENT
CAPITAL CORPORATION TO FINANCE LAND ACQUISITION.
FINANCIAL IMPACT:
BACKGROUND:
See Next Item
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Vibrant.
ATTACHMENTS:
Item No. 7.k.
City Council Agenda
Staff Report
Meeting Date: 12/9/2025
Staff Contact: Joey Grisham
AGENDA ITEM:
Second Reading of a Resolution approving a loan agreement between the Anna
Community Development Corporation and Government Capital Corporation to finance
land acquisition. (Director of Economic Development Joey Grisham)
SUMMARY:
Two readings of the Resolution are required prior to authorization of the agreement. The
Resolution is included in the proceeding item approving an agreement between the
CDC and Government Capital. The CDC Board authorized the agreement on November
13, 2025. This is the second reading of the Resolution. The presiding officer should
read the following:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS
RATIFYING AND AUTHORIZING THE ANNA COMMUNITY DEVELOPMENT
CORPORATION TO ENTER INTO A LOAN AGREEMENT WITH GOVERNMENT
CAPITAL CORPORATION TO FINANCE LAND ACQUISITION.
FINANCIAL IMPACT:
BACKGROUND:
See Next Item
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Vibrant.
ATTACHMENTS:
Item No. 7.l.
City Council Agenda
Staff Report
Meeting Date: 12/9/2025
Staff Contact: Joey Grisham
AGENDA ITEM:
Consider/Discuss/Action on a Resolution approving a loan agreement between the
Anna Community Development Corporation and Government Capital Corporation to
finance land acquisition. (Director of Economic Development Joey Grisham)
SUMMARY:
Staff has been working with Government Capital on financing for other real estate
acquisitions near the intersection of SH 5 and FM 455. This resolution allows us to
continue and move forward with acquiring additional property.
FINANCIAL IMPACT:
BACKGROUND:
The CDC Board of Directors approved a Resolution at the CDC/EDC Joint Board
Meeting that was held November 13, 2025, approving an agreement between the CDC
and Government Capital, the issuance of one or more promissory notes to pay the costs
of a project, and other matters incident and related thereto for a project not to exceed
$6,191,500.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Vibrant.
ATTACHMENTS:
1. Anna CDC Series C - Resolution of the City
CERTIFICATE OF CITY SECRETARY
THE STATE OF TEXAS §
COUNTY OF COLLIN §
CITY OF ANNA §
I, the undersigned, City Secretary of the City of Anna, Texas DO HEREBY CERTIFY as follows:
1. On December 9, 2025, a regular meeting of the City Council of the City of Anna, Texas,
was held at a meeting place within the City; the duly constituted members of the Council being as follows:
Pete Cain Mayor
Stan Carver II Deputy Mayor Pro Tem
Elden Baker Councilmember
Kevin Toten
Kelly Patterson-Herndon
Mayor Pro Term
Councilmember
Manny Singh Councilmember
Nathan Bryan Councilmember
and all of said persons were present at said meeting, except the following: ______________. Among other
business considered at said meeting, the attached resolution entitled:
.
was introduced and submitted to the City Council for passage and adoption. After presentation and due
consideration of the resolution, and upon a motion made and seconded, the resolution was duly passed and
adopted by the Council to be effective immediately by the following vote:
AYES: All members of the City Council shown present above voted “Aye”, except as noted below,
NOES: ______________________________
ABSTAIN: ______________________________
all as shown in the official Minutes of the City Council for the meeting held on the aforesaid date.
2. The attached resolution is a true and correct copy of the original on file in the official
records of the City; the duly qualified and acting members of the City Council on the date of the aforesaid
meeting are those persons shown above and, according to the records of my office, advance notice of the
time, place and purpose of said meeting was given to each member of the Council; and that said meeting,
and deliberation of the aforesaid public business, was open to the public and written notice of said meeting,
including the subject of the above-entitled resolution, was posted and given in advance thereof in
compliance with the provisions of V.T.C.A., Chapter 551, Government Code, as amended.
RESOLUTION NO. ______________
.
, the Anna Community Development Corporation (the “Corporation”) has been duly
created and organized pursuant to the provisions of Chapter 505, Local Government Code, as amended
(formerly Section 4B of the Development Corporation Act of 1979, Article 5190.6, Texas Revised Civil
Statutes Annotated, as amended) (the “Act”) by the City of Anna, Texas (the “City”); and
, pursuant to the Act, the Corporation is empowered to undertake, and to borrow money
for the purpose of financing the cost of, any “project” defined as such by the Act; and
the Board has determined that it is advisable to undertake the acquisition of real
property in the City which will promote new or expanded business development in the City (the “Project”);
and
, the Corporation proposes to enter into a Loan Agreement (as amended, restated,
supplemented and/or otherwise modified, the “Loan Agreement”) with Government Capital Corporation,
as lender (“Lender”), to enable the Corporation to pay the costs of the Project, and as security for the
payment of the principal of and interest thereon, the Corporation has agreed to pledge its economic
development sales and use taxes. The loan shall be evidenced by a taxable promissory note issued by the
Corporation in the principal amount not to exceed $6,191,500 (the “Note”). All capitalized terms used
herein, but not otherwise defined herein, shall have the meaning ascribed to such term in the Loan
Agreement.
, the Corporation proposes to enter into a Sales Tax Remittance Agreement, (as
amended, restated, supplemented and/or otherwise modified, the “Sales Tax Remittance Agreement”) with
the City pursuant to which, among other things, the Corporation will pledge its sales tax revenues to the
Lender to secure repayment of the Note; and
, the Act requires the City Council of the City approve the resolution of the Corporation
providing for the execution and delivery of the Loan Agreement.
Section 1. The Resolution approving the Loan Agreement and authorizing the issuance of the
Note adopted by the Corporation (the “Corporation Resolution”) on November 13, 2025, and submitted to
the City Council this day, is hereby approved in all respects. The Note is being issued to pay the costs of
the Project.
Section 2. The approvals herein given are in accordance with the Act, and the Note shall never be
construed as an indebtedness or pledge of the City, or the State of Texas (the “State”), within the meaning
of any constitutional or statutory provision, and the owner(s) of the Note shall never be paid in whole or in
part out of any funds raised or to be raised by taxation (other than sales tax proceeds as authorized pursuant
to Chapter 505 of the Act) or any other revenues of the Corporation, the City, or the State, except those
revenues assigned and pledged by the Loan Agreement and the Sales Tax Remittance Agreement.
Section 3. The City hereby agrees to promptly collect and remit to the Corporation the Economic
Development Sales and Use Tax (defined in the Loan Agreement) to provide for the prompt payment of the
Note, and to assist and cooperate with the Corporation in the enforcement and collection of sales and use
taxes imposed on behalf of the Corporation.
Section 4. The Sales Tax Remittance Agreement with respect to the obligations of the City and
Corporation during the time the Note is outstanding, is hereby approved as to form and substance finally
determined by the Mayor or City Manager. Furthermore, the Mayor and the City Secretary and the other
officers of the City are hereby authorized, jointly and severally, to execute and deliver such endorsements,
instruments, certificates, documents, or papers necessary and advisable to carry out the intent and purposes
of this Resolution.
Section 5. It is officially found, determined, and declared that the meeting at which this
Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the
public business to be considered at such meeting, including this Resolution, was given, all as required by
V.T.C.A. Government Code, Chapter 551, as amended.
Section 6. This Resolution shall be in force and effect from and after its passage on the date shown
below.
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
PASSED AND ADOPTED, this __________________, 2025.
CITY OF ANNA, TEXAS
Pete Cain, Mayor
ATTEST:
Carrie Land, City Secretary
Item No. 7.m.
City Council Agenda
Staff Report
Meeting Date: 12/9/2025
Staff Contact: Joey Grisham
AGENDA ITEM:
Conduct a Public Hearing and Consider/Discuss/Action on an Ordinance of the City
Council of the City of Anna, Texas, designating a geographic area located within the
corporate limits and extraterritorial jurisdiction of the City as a Tax Increment
Reinvestment Zone pursuant to Chapter 311 of the Texas Tax Code, to be known as
Reinvestment Zone Number Seven, City of Anna, Texas; describing the boundaries of
the zone; creating a Board of Directors for the zone and appointing members of the
board; establishing a Tax Increment Fund (TIRZ No. 7 Fund) for the zone, containing
findings related to the creation of the zone; providing a date for the termination of the
zone; providing that the zone take effect immediately upon passage of the ordinance;
providing a severability clause; and providing an effective date. (Director of Economic
Development Joey Grisham)
SUMMARY:
The proposed Tax Increment Reinvestment Zone Number Seven, City of Anna, Texas
(TIRZ No. 7) is being presented and requested for approval in accordance with the
Liberty Hills Development Agreement, effective as of May 14, 2024, in which the City
will contribute 50% of the captured appraised value of the TIRZ to the TIRZ No. 7 Fund
for a period of 40 years. This item, if approved, will create Reinvestment Zone Number
Seven, City of Anna, Texas (TIRZ No. 7), which covers the Liberty Hills development
and additional property, consisting of 1,477.61 acres. In addition to the creation of TIRZ
No. 7, this item will also appoint the TIRZ No. 7 Board. After the payment of TIRZ
administrative costs, applicable TIRZ No. 7 Fund revenues will be available to be used
in accordance with the Development Agreement on a parcel-by-parcel basis, including
but not limited to offsetting a portion of the PID Assessments and/or funding Chapter
380 Grants to incentivize development on the Mixed-Use property. Any TIRZ No.7 Fund
revenues not obligated under the Development Agreement shall be available to be used
at the City Council’s discretion, as allowed under Chapter 311. The proposed boundary
of TIRZ No. 7 and the Preliminary Project and Finance Plan are attached as Exhibits to
this ordinance. Per the statute, notice was published and the Preliminary Project and
Finance Plan was placed on file with the City Secretary no later than seven (7) days
prior to this public hearing.
FINANCIAL IMPACT:
50% for 40 years.
BACKGROUND:
The purpose of this item is to hold a Public Hearing and consider an ordinance creating
TIRZ #7 for the Liberty Hills Development.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Vibrant.
ATTACHMENTS:
1. 2025-11-24_ANN_Liberty Hills TIRZ#7_Creation Ordinance_v2.0
2. 2025-11-25_ANN_Liberty Hills_TIRZ #7 PPFP v1.5
CITY OF ANNA, TEXAS
the City of Anna, Texas (the "City"), pursuant to Chapter 311 of the Texas
Tax Code, as amended (the "Act"), may designate a geographic area within the corporate limits
and extraterritorial jurisdiction of the City as a tax increment reinvestment zone if the area satisfies
the requirements of the Act; and
the City Council of the City (the “City Council”) desires for the City to
consider the creation of the tax increment reinvestment zone in the City consisting of
approximately 1,477.61 acres depicted in Exhibit A and identified within Exhibit B attached
hereto (the “Property”); and
pursuant to and as required by the Act, the City Council prepared a
Reinvestment Zone Number Seven, City of Anna, Texas, Preliminary Project and Finance Plan
(the "Preliminary Project and Finance Plan") attached hereto as Exhibit B and incorporated herein
for all purposes; and
notice of the public hearing on the creation of the proposed zone was
published in the Sherman Herald Democrat, a newspaper of general circulation within the City, on
December 2, 2025, which date is not later than the seventh (7th) day before the public hearing held
on December 9, 2025; and
at the public hearing on December 9, 2025, interested persons were allowed
to speak for or against the creation of the zone, the boundaries of the zone, and the concept of tax
increment financing, and owners of property in the proposed zone were given a reasonable
opportunity to protest the inclusion of their property in the zone; and
WHEREAS, evidence was received and presented at the public hearing in favor of the
creation of the zone; and
WHEREAS, the City has taken all actions required to create the zone including, but not
limited to, all actions required by the Act, the Texas Open Meetings Act, and all other laws
applicable to the creation of the zone; and
WHEREAS, the City desires to appoint initial members to the board of directors of the
zone; and
WHEREAS, terms used in this Ordinance that have their initial letters capitalized shall
have the meanings given to them in this Ordinance; however, terms that are CAPITALIZED IN
BOLD shall have the meanings given to them in the Preliminary Project and Finance Plan.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ANNA, TEXAS:
SECTION 1. FINDINGS.
(a) The recitals, findings, and determinations contained in the preamble to this Ordinance
are incorporated into the body of this Ordinance as if fully set forth in this Section and are hereby
found and declared to be true and correct legislative findings and are adopted as part of this Ordinance
for all purposes.
(b) The City Council finds that the PUBLIC IMPROVEMENTS will significantly
enhance the value of all the taxable real property in the zone and will be of general benefit to the
City.
(c) The City Council finds that the proposed zone meets the requirements of Section
311.005(a)(2) of the Act in that:
(i) there is a need for essential public infrastructure and economic development
programs to attract new business and commercial activity to the proposed
zone for the purposes of increasing the real property tax base for all taxing
units within the zone, increasing sales and use taxes for the City and the
State of Texas, and increasing job opportunities for residents of the City and
the region; and
(ii) the proposed zone, as shown in Exhibit A, meets the criteria for the creation
of a reinvestment zone set forth in Section 311.005 of the Act in that the
area is predominantly open or undeveloped and, because of obsolete
platting, deterioration of structures or site improvements, or other factors,
substantially impairs and arrests the sound growth of the municipality; and
(iii) these factors substantially impair and arrest the sound growth of the City.
(d) The City Council finds that the proposed zone is a geographic area 100% within
the City’s corporate limits or extraterritorial jurisdiction.
(e) The City Council finds that not more than thirty percent (30%) of the property in
the proposed zone, excluding property that is publicly owned, is used for residential purposes, and
the total appraised value of taxable real property in the proposed zone and in existing reinvestment
zones does not exceed fifty percent (50%) of the total appraised value of taxable real property in
the City and in the industrial districts created by the City.
(f) The City Council finds that the development or redevelopment of the property in
the proposed zone will not occur solely through private investment in the reasonably foreseeable
future.
(g) The City Council finds that the Preliminary Project and Finance Plan is feasible.
(h) The City Council finds that the implementation of the Project and Finance Plan (as
defined below) will alleviate the conditions described in Section 1(c) above and will serve a public
purpose.
SECTION 2. DESIGNATION AND NAME OF THE ZONE. Pursuant to the authority of, and
in accordance with the requirements of the Act, the City Council hereby designates the Property
as a tax increment reinvestment zone. The name assigned to the zone for identification is
Reinvestment Zone Number Seven, City of Anna, Texas (the "Zone"). The Zone is designated
pursuant to Section 311.005(a)(2) of the Act.
SECTION 3. BOARD OF DIRECTORS.
3.1 The City Council hereby creates a board of directors for the Zone (the "Board")
consisting of seven members.
3.2 The City Council hereby appoints the following individuals to serve as the initial
members of the Board for the terms indicated:
Place 1 Mayor (term expires December 31, 2027)
Place 2 Council Place 1 (term expires December 31, 2027)
Place 3 Council Place 2 (term expires December 31, 2028)
Place 4 Council Place 3 (term expires December 31, 2026)
Place 5 Council Place 4 (term expires December 31, 2028)
Place 6 Council Place 5 (term expires December 31, 2026)
Place 7 Council Place 6 (term expires December 31, 2028)
Upon expiration of the indicated terms or upon City Council action to reconstitute the initial Board
by appointing replacement members, subsequent appointments to fill vacancies shall be for terms
of two years. The member appointed to Place 1 shall serve as the chairman of the Board. The Board
is authorized to elect a vice-chairman and other officers as determined by the Board.
3.3 The Board shall make recommendations to the City Council concerning the
administration, management, and operation of the Zone. The Board shall prepare or cause to be
prepared and adopted a project plan and a reinvestment zone financing plan for the Zone (the
"Project and Finance Plan") as required by the Act, and shall submit the Project and Finance Plan
to the City Council for approval. The Board may enter into agreements as the Board considers
necessary or convenient to implement the Project and Finance Plan and reimburse PROJECT
COSTS from the TIRZ NO. 7 FUND established pursuant to Section 7 of this Ordinance.
3.4 Directors shall not receive any salary or other compensation for their services as
directors.
3.5. Pursuant to Section 311.010(h) of the Act and Article III, Section 52-a of the Texas
Constitution, the City Council hereby authorizes the Board, as necessary or convenient to
implement the Project and Finance Plan and achieve its purposes, to establish and provide for the
administration of one or more programs for the public purposes of developing and diversifying the
economy of the Zone, eliminating unemployment and underemployment in the Zone, and
developing or expanding transportation, business, and commercial activity in the Zone, including
programs to make grants of land and buildings and make grants from the TIRZ NO. 7 FUND for
activities that benefit the Zone and stimulate business and commercial activity in the Zone. In
addition, the City Council hereby authorizes the Board to exercise all of the powers of the City
under Chapter 380, Texas Local Government Code, as amended.
SECTION 4. DURATION OF THE ZONE. The Zone shall take effect immediately upon the
passage and approval of this Ordinance. The Zone shall terminate on December 31, 2065 (with
final year's tax due by January 31, 2066), unless otherwise terminated in accordance with this
section. The City shall have the right to terminate the Zone prior to the expiration of its stated term
if all of the PROJECT COSTS have been paid in full. If upon expiration of the stated term of the
Zone, PROJECT COSTS have not been paid, the City shall have no obligation to pay the
shortfall.
SECTION 5. TAX INCREMENT BASE. The "Tax Increment Base" for purposes of calculating
the CITY TIRZ INCREMENT, , and means the total appraised value of all real property in the
Zone that is taxable by the City as of January 1, 2025.
SECTION 6. CAPTURED APPRAISED VALUE. The “Captured Appraised Value” for
purposes of calculating the annual CITY TIRZ INCREMENT means the total real property value
taxable (including increase tax values attributable to changes in use) by a taxing unit for a year and
located in the Zone for that year less the tax increment base of the unit.
SECTION 7. TAX INCREMENT FUND. There is hereby created and established a TIRZ NO.
7 FUND for the Zone. Within the TIRZ NO. 7 FUND, there may be maintained subaccounts as
necessary and convenient to carry out the purposes of the Act. The CITY TIRZ INCREMENT
shall be deposited into the TIRZ NO. 7 FUND as of the effective date of the Zone. The TIRZ
NO. 7 FUND and all subaccounts shall be maintained at the depository bank of the City and shall
be secured in the manner prescribed by law for funds of Texas cities. Prior to termination of the
Zone, funds shall be disbursed from the TIRZ NO. 7 FUND only to pay PROJECT COSTS.
TIRZ NO. 7 FUND shall consist of (i) the percentage of the tax increment, as defined by
Section 311.012(a) of the Texas Tax Code, that each taxing unit which levies real property taxes
in the Zone, other than the City, has elected to dedicate to the TIRZ NO. 7 FUND under an
agreement with the City authorized by Section 311.013(f) of the Texas Tax Code, and (ii) fifty
percent (50%) of the City’s tax increment as defined by section 311.012(a) of the Texas Tax Code
(CITY TIRZ INCREMENT), subject to any binding agreement executed at any time by the City
that pledges a portion of such tax increment or an amount of other legally available funds whose
calculation is based on receipt of any portion of such tax increment.
PASSED, APPROVED, AND ADOPTED ON THIS 9th DAY OF DECEMBER, 2025.
ATTEST:
APPROVED AS TO FORM AND LEGALITY:
EXHIBIT B
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REINVESTMENT ZONE NUMBER SEVEN,
CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN
DECEMBER 9, 2025
REINVESTMENT ZONE NUMBER SEVEN, CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN 1
TABLE OF CONTENTS
REINVESTMENT ZONE NUMBER SEVEN, CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN 2
SECTION 1: DEFINITIONS
Capitalized terms used in this Preliminary Plan shall have the meanings given to them in Section
I below unless otherwise defined in this Preliminary Plan or unless the context in which a term is
used clearly requires a different meaning. Unless otherwise defined, a reference to a “Section,”
or an “Exhibit,” shall be a reference to a Section of this Preliminary Plan or an Exhibit or Appendix
attached to and made a part of this Preliminary Plan for all purposes.
“Act” means Chapter 311, Texas Tax Code, Tax Increment Financing Act, as amended.
“Administrative Costs” means the actual, direct costs paid or incurred by or on behalf of the City
to administer the Zone, including planning, engineering, legal services, organizational costs,
publicizing costs, or implementations costs paid by or on behalf of the City that are directly
related to the administration of the Zone.
“Appraisal District” means the Collin Central Appraisal District.
“Assessment(s)” means the special assessments levied on the Property pursuant to the PID Act
on a phase-by-phase basis, under one or more Assessment Ordinances adopted on a phase-by-
phase basis to reimburse the Developers on a phase-by-phase basis for a portion of the PID
Projects benefitting the applicable phase(s) as set forth in the Service and Assessment Plan, as
well as payment of Administrative Expenses and repayment of the PID Bonds and the costs
associated with the issuance of the PID Bonds.
“Board” means the Board of Directors for the Zone.
“Captured Appraised Value” means the new taxable value generated in addition to the Tax
Increment Base on a parcel-by-parcel basis for each year during the term of the Zone, as
calculated and confirmed annually by the Appraisal District.
“City” means the City of Anna, Texas.
“City Council” means the governing body of the City.
“City TIRZ Increment” means the portion of the City’s ad valorem tax increment equal to fifty
percent (50%) of the ad valorem real property taxes collected and received by the City on the
Captured Appraised Value in the Zone., as further described in Section 12.
“County” means Collin County, Texas.
“Creation Ordinance” means Ordinance No. _____ adopted by the City Council on December 9,
2025, designating the creation of the Zone and the Board.
“Developer” means Liberty 800, LP. and its successors or assigns.
REINVESTMENT ZONE NUMBER SEVEN, CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN 3
“Development Agreement” means that certain Liberty Hills Development Agreement between
the City and the Developer, effective as of May 14, 2024.
“Economic Development Agreement” means any future 380 economic development TIRZ
agreement to be entered into by the City, the Developer, and the Board detailing the economic
development grant to the Developer pursuant to Chapter 380, Texas Local Government Code.
“Economic Development Program” means the economic development program authorized by
the Economic Development Provision, which allows the TIRZ Board, subject to the approval of
the City Council, to establish and provide for the administration of one or more programs
necessary or convenient to implement and achieve the purposes of the Final Plan, which
programs are for the public purposes of developing and diversifying the economy of the Zone
and developing business and commercial activity within the Zone, and may include programs to
make grants of any lawfully available money from the TIRZ No. 7 Fund, including activities that
benefit the Zone and stimulate business and commercial activity in the Zone.
“Economic Development Provision” means Section 311.010(h) of the Act, Chapter 380 of the
Texas Local Government Code, and Article III, Section 52-a, Texas Constitution, as amended.
Feasibility Study” means the economic feasibility study as projected over the term of the Zone
and focused only on direct financial benefits of increased ad valorem tax revenue anticipated to
be generated by development within the Zone, as shown on Exhibit E.
“Final Plan” means this Reinvestment Zone Number Seven, City of Anna, Texas Final Project and
Finance Plan to be considered by the Board and City Council
“Mixed Use Subzone” means any area within the Zone designated for mixed-use development,
which may include commercial, multi-family, retail or other similar uses as further defined in the
Development Agreement.
“Non-Project Costs” means those certain costs that will be spent to develop in the Zone, but will
not be financed by the Zone, and will be financed by private funds, as described in Section 6, and
shown on Exhibit B.
PID Bonds” means debt issued by the Public Improvement District to finance all or a portion of
the Public Improvements, as further described in the Service and Assessment Plan.
“Public Improvement District (PID)” means the Liberty Hills Public Improvement District, which
shall consist of the Property, to be created by City Council pursuant to the Development
Agreement.
Preliminary Plan” means this Reinvestment Zone Number Seven, City of Anna, Texas Preliminary
Project and Finance Plan, as approved by the Creation Ordinance.
REINVESTMENT ZONE NUMBER SEVEN, CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN 4
“Project Costs” means the total costs for projects in the Zone, including the actual costs of the
Public Improvements, and the Administrative Costs.
Property” means 1,477.61 acres of land as depicted on Exhibit A and identified on Exhibit H.
Public Improvements” means the proposed public improvements to be financed by the Zone
and the PID, which includes pavement, storm sewer, water, sewer, contingencies & soft costs,
and associated financing and interest costs as detailed on Exhibit C and identified on Exhibit G.
“Service and Assessment Plan” means that certain PID Service and Assessment Plan to be
adopted by the City, and amended or updated from time to time, pursuant to the Development
Agreement.
“Single-Family Subzone” means any area within the Zone designated for single-family residential
development, which may include townhomes or other attached residential product, as further
defined in the Development Agreement.
“TIRZ Agreement” means any future TIRZ reimbursement agreement entered into between the
Developer, the Board, and the City.
TIRZ Credit” means the TIRZ Annual Credit Amount designated towards the principal and
interest portion of the Annual Installment for the Assessed Property, as will be further defined
and described in the Service and Assessment Plan.
Tax Increment Base” means total appraised value of taxable real property in the Zone at the
time of creation of the Zone, as calculated and certified by the Appraisal District.
TIRZ No. 7 Fund” means the tax increment fund created by the City and segregated from all
other funds of the City.
Zone” means Reinvestment Zone Number Seven, City of Anna, Texas, as depicted on Exhibit A,
and identified on Exhibit H.
REINVESTMENT ZONE NUMBER SEVEN, CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN 5
SECTION 2: INTRODUCTION
2.1 Authority and Purpose
The City has the authority under the Act to designate a contiguous or noncontiguous geographic
area within the corporate limits or extraterritorial jurisdiction of the City as a tax increment
reinvestment zone to promote development or redevelopment of the area because the City
Council determined that development or redevelopment would not occur solely through private
investment in the reasonably foreseeable future, that the Zone is economically feasible, and that
creation of the Zone is in the best interest of the City and the property in the Zone. The purpose
of the Zone is to facilitate such development or redevelopment by financing the costs of public
works, public improvements, programs, and other projects benefiting the Zone, plus other costs
incidental to those expenditures, all of which costs are authorized by the Act.
2.2 Eligibility Requirements
An area is eligible under the Act to be designated as a tax increment reinvestment zone if the
area:
1) substantially arrests or impairs the sound growth of the municipality designating the
Zone, retard the provision of housing accommodations, or constitutes an economic or
social liability and is a menace to the public health, safety, morals, or welfare in its present
condition; or
2) is predominantly open or undeveloped and, because of obsolete platting, deterioration
of structures or site improvements, or other factors, substantially impairs or arrests the
sound growth of the City; or
3) is in a federally assisted new community located in the City or in an area immediately
adjacent to a federally assisted new community; or
4) is in an area described in a petition requesting that the area be designated as a
reinvestment zone, if the petition is submitted to the governing body of the City by the
owners of property constituting at least fifty percent (50%) of the appraised value of the
property in the area according to the most recent certified appraisal roll for the county in
which the area is located.
The City cannot, however, designate a zone if more than thirty percent (30%) of the property in
the proposed zone, excluding property that is publicly owned, is used for residential purposes, or
if the total appraised value of taxable real property in the proposed zone and in existing
reinvestment zones exceeds fifty percent (50%) of the total appraised value of taxable real
property in the City and in industrial districts created by the City.
REINVESTMENT ZONE NUMBER SEVEN, CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN 6
2.3 The Zone
The Property is predominantly open, undeveloped or underdeveloped, and substantially impairs
and arrests the sound growth of the City. Due to its size, location, and physical characteristics
development would not occur solely through private investment in the foreseeable future. The
Property lacks public infrastructure and requires economic incentive to attract development for
the purpose of providing long-term economic benefits including, but not limited to, increased
real property tax base for all taxing units in the Zone. If the Public Improvements are financed as
contemplated by the Final Plan, the City envisions that the Property will be developed to take full
advantage of the opportunity to bring to the City a quality development.
Before the City Council adopted the Creation Ordinance, the City Council must prepare a
preliminary reinvestment zone project and finance plan in accordance with the Act and hold a
public hearing on the creation of the Zone and its benefits to the City and to the Property, at
which public hearing interested persons shall be given the opportunity to speak for and against
the creation of the Zone, the boundaries of the Zone and the concept of tax increment financing,
and at which hearing the owners of the Property shall be given a reasonable opportunity to
protest the inclusion of their Property in the Zone. The requirement of the Act for a preliminary
reinvestment zone project and finance plan was satisfied by this Preliminary Plan, the purpose of
which was to describe, in general terms, the Public Improvements that will be undertaken and
financed by the Zone. A description of how such Public Improvements and projects will be
undertaken and financed shall be determined by the Final Plan, which requires approval by the
Board and City Council.
Upon the closing of the above referenced public hearing, the City Council shall consider the
Creation Ordinance and the following findings:
1) that development or redevelopment of the Property would not occur solely through
private investment in the reasonably foreseeable future,
2) that the Zone was feasible,
3) that improvements in the Zone will significantly enhance the value of all the taxable real
property in the Zone and will be of general benefit to the City, and
4) that the Zone meets the eligibility requirements of the Act.
Among other provisions required by the Act, the Creation Ordinance shall appoint the Board.
REINVESTMENT ZONE NUMBER SEVEN, CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN 7
2.6 Board Recommendations
After the creation of the Zone, the Board shall review the Final Plan and recommend its approval
to the City Council pursuant to which the City shall contribute the City TIRZ Increment into the
TIRZ No. 7 Fund, in accordance with the Final Plan, to pay a portion of the Project Costs benefiting
the Zone.
SECTION 3: DESCRIPTION AND MAPS
The Property is wholly located within the corporate limits and extraterritorial jurisdiction of the
City. The Property is primarily undeveloped or underdeveloped, and there is limited and
inadequate public infrastructure to support development. Development requires extensive
public infrastructure that: (1) the City could not provide, and (2) would not be provided solely
through private investment in the foreseeable future.
The Property is intended to be developed as a mixed-use development, consisting of residential,
retail, office, and commercial uses including open space and other public and private amenities,
as shown on Exhibit F.
The parcel identified on Exhibit H provide sufficient detail to identify with ordinary and
reasonable certainty the territory included in the Zone.
SECTION 4: PROPOSED CHANGES TO ORDINANCES, PLANS, CODES, RULES, AND
REGULATIONS
The Property within the Zone is wholly located within the corporate limits and extraterritorial
jurisdiction of the City and is subject to the City’s zoning regulation, or shall be upon annexation.
The City shall have exclusive jurisdiction over the subdivision and platting of the property within
the Property and the design, construction, installation, and inspection of water, sewer, drainage,
roadway, and other public infrastructure. No proposed changes to zoning ordinances,
comprehensive plan, building codes, subdivision rules, or other municipal ordinances are
planned.
SECTION 5: RELOCATION OF DISPLACED PERSONS
No person shall be displaced and in need of relocation due to the creation of the Zone or shall be
due to the implementation of the Final Plan.
REINVESTMENT ZONE NUMBER SEVEN, CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN 8
SECTION 6: ESTIMATED NON-PROJECT COSTS
Non-Project Costs are costs that will be spent to develop in the Zone but will not be financed by
the Zone, and will be financed by private funds. The list of Non-Project Costs is shown on Exhibit
B and are estimated to be approximately $733,345,000.
SECTION 7: PROPOSED PUBLIC IMPROVEMENTS
7.1 Categories of Public Improvements
All Public Improvements shall be designed and constructed in accordance with all applicable City
standards and shall otherwise be inspected, approved, and accepted by the City. At the City’s
option, the Public Improvements may be expanded to include any other category of
improvements authorized by the Act.
7.2 Locations of Public Improvements
The estimated locations of the proposed Public Improvements are detailed on Exhibit G. These
locations may be revised, with the approval of the City, from time to time without amending this
Preliminary Plan.
SECTION 8: ESTIMATED PROJECT COSTS
8.1 Project Costs
The total costs are estimated to be $187,764,159, as detailed on Exhibit C. The costs of Public
Improvements are estimated to be $187,181,787, and the Administrative Costs are estimated to
be $582,372.
8.2 Administrative Costs
The Administrative Costs are estimated to be $10,000 in the first year and escalating at two
percent (2%) thereafter. The Administrative Costs shall be paid each year from the TIRZ No. 7
Fund before any other Project Costs are paid.
8.3 Estimated Timeline of Incurred Costs
The Administrative Costs will be incurred annually through the remaining duration of the Zone.
It is estimated the costs for constructing the Public Improvements will be incurred between 2026
and 2035, as shown on Exhibit D.
REINVESTMENT ZONE NUMBER SEVEN, CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN 9
SECTION 9: ECONOMIC FEASIBILITY
The Feasibility Study, as shown on Exhibit E, focuses on only direct financial benefits (i.e. ad
valorem tax revenues from the development of Public Improvements in the Zone). Based on the
Feasibility Study, during the term of the Zone, new development (which would not have occurred
but for the Zone) will generate approximately $259,024,088 in total new real property tax
revenue, and the contributing taxing entities will retain $129,512,044.
The Feasibility Study shows the cumulative City TIRZ Increment is estimated to be $129,512,044,
which will be available to pay a portion of the Project Costs, until the term expires or is otherwise
terminated. The remainder of the new City real property tax revenue generated within the Zone
and retained by the City is estimated to be $129,512,044 over the remaining term.
One hundred percent (100%) of all taxing revenues generated for other taxing entities by the
new development within the Zone will be retained by the respective taxing entities, unless the
taxing entity participates in the Zone. Based on the foregoing, the feasibility of the Zone has been
demonstrated.
No tax increment reinvestment zone bonds or public indebtedness by the City secured by the tax
increments pursuant to the Act, is contemplated.
11.1 Tax Increment Base
The Tax Increment Base is estimated to be $15,841,471 as of January 1, 2025, and shall be
confirmed by the Appraisal District.
11.2 Estimated Captured Appraised Value
It is estimated that upon expiration of the term of the Zone, the total Captured Appraised Value
of taxable real property in the Zone will be approximately $1,870,991,610 as shown on Exhibit E.
The actual Captured Appraised Value, as certified by the Appraisal District each year, will be used
to calculate annual payment by the City into the TIRZ No. 7 Fund pursuant to the Final Plan.
12.1 TIRZ No. 7 Fund Contributions
The Final Plan shall obligate the City to deposit into the TIRZ No. 7 Fund each year the City TIRZ
Increment. For example, in FY 2026, the City’s ad valorem tax rate is $0.525073 per $100 of
REINVESTMENT ZONE NUMBER SEVEN, CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN 10
taxable value, therefore the City would contribute $0.525073 per $100 of the Captured Appraised
Value in the Zone levied and collected, to the TIRZ No. 7 Fund.
12.2 Funding Mechanisms
REINVESTMENT ZONE NUMBER SEVEN, CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN 11
City may amend the Final Plan in compliance with the Act, Development Agreement, Economic
Development Agreement, and TIRZ Agreement, including but not limited to what is considered a
Project Cost.
SECTION 13: DURATION OF THE ZONE, TERMINATION
13.1 Duration
13.2 Termination
REINVESTMENT ZONE NUMBER SEVEN, CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN 12
LIST OF EXHIBITS
Unless otherwise stated, all references to "Exhibits" contained in this Preliminary Plan shall mean
and refer to the following exhibits, all of which are attached to and made a part of this Preliminary
Plan for all purposes.
Exhibit A Map of the Zone
Exhibit B Non-Project Costs
Exhibit C Project Costs
Exhibit D Estimated Timeline of Incurred Costs
Exhibit E Feasibility Study
Exhibit F Proposed Uses of the Property
Exhibit G Maps of Public Improvements
Exhibit H Parcel Identification
REINVESTMENT ZONE NUMBER SEVEN, CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN 13
EXHIBIT A – MAP OF THE ZONE
REINVESTMENT ZONE NUMBER SEVEN, CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN 14
EXHIBIT B – NON-PROJECT COSTS
REINVESTMENT ZONE NUMBER SEVEN, CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN 15
EXHIBIT C – PROJECT COSTS
REINVESTMENT ZONE NUMBER SEVEN, CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN 16
EXHIBIT D – ESTIMATED TIMELINE OF INCURRED COSTS
REINVESTMENT ZONE NUMBER SEVEN, CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN 17
EXHIBIT E - FEASIBILITY STUDY
REINVESTMENT ZONE NUMBER SEVEN, CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN 18
EXHIBIT F - PROPOSED USES OF THE PROPERTY
REINVESTMENT ZONE NUMBER SEVEN, CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN 19
EXHIBIT G – MAPS OF PUBLIC IMPROVEMENTS
REINVESTMENT ZONE NUMBER SEVEN, CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN 20
REINVESTMENT ZONE NUMBER SEVEN, CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN 21
REINVESTMENT ZONE NUMBER SEVEN, CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN 22
REINVESTMENT ZONE NUMBER SEVEN, CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN 23
REINVESTMENT ZONE NUMBER SEVEN, CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN 24
EXHIBIT H – PARCEL IDENTIFICATION
Item No. 7.n.
City Council Agenda
Staff Report
Meeting Date: 12/9/2025
Staff Contact: Joey Grisham
AGENDA ITEM:
Conduct a Public Hearing and Consider/Discuss/Action on an Ordinance of the City
Council of the City of Anna, Texas, designating a geographic area located within the
corporate limits and extraterritorial jurisdiction of the City as a Tax Increment
Reinvestment Zone pursuant to Chapter 311 of the Texas Tax Code, to be known as
Reinvestment Zone Number Eight, City of Anna, Texas; describing the boundaries of
the zone; creating a Board of Directors for the zone and appointing members of the
board; establishing a Tax Increment Fund (TIRZ No. 8 Fund) for the zone, containing
findings related to the creation of the zone; providing a date for the termination of the
zone; providing that the zone take effect immediately upon passage of the ordinance;
providing a severability clause; and providing an effective date. (Director of Economic
Development Joey Grisham)
SUMMARY:
The proposed Tax Increment Reinvestment Zone Number Eight, City of Anna, Texas
(TIRZ No. 8) is being presented and requested for approval in accordance with the Oak
Ridge Development Agreement, effective as of May 27, 2025, in which the City will
contribute 100%* of the captured appraised value of the TIRZ to the TIRZ No. 8 Fund
for a period of 49 years. This item, if approved, will create Reinvestment Zone Number
Eight, City of Anna, Texas (TIRZ No. 8), which covers the Oak Ridge development
consisting of 808.23 acres. In addition to the creation of TIRZ No. 8, this item will also
appoint the TIRZ No. 8 Board. After the payment of TIRZ administrative costs,
applicable TIRZ No. 8 Fund revenues will be available to be used in accordance with
the Development Agreement on a parcel-by-parcel basis, including but not limited to
offsetting a portion of the PID Assessments or funding the Chapter 380 Grant in lieu of
PID Assessments. Any TIRZ No.8 Fund revenues not obligated under the Development
Agreement* shall be available to be used at the City Council’s discretion, as allowed
under Chapter 311. The proposed boundary of TIRZ No. 8 and the Preliminary Project
and Finance Plan are attached as Exhibits to this ordinance. Per the statute, notice was
published and the Preliminary Project and Finance Plan was placed on file with the City
Secretary no later than seven (7) days prior to this public hearing.
*Please note: The Developer had originally proposed creation of a MUD in the scenario
that PID Bonds were not issued. To prevent the MUD creation, the City negotiated in
the approved Development Agreement, that, in the scenario, PID Bonds were denied by
the City Council, the Developer would be eligible to receive 100% of TIRZ No. 8 Fund
revenues after city acceptance of the eligible improvements, on a phase-by-phase
basis. If PID Bonds are issued as contemplated in the Development Agreement, the
Developer will only receive 50% of the City TIRZ Increment to offset a portion of the PID
Assessments. The remaining 50% not obligated to the Developer shall be available to
the City.
FINANCIAL IMPACT:
The Developer had originally proposed creation of a MUD in the scenario that PID
Bonds were not issued. To prevent the MUD creation, the City negotiated in the
approved Development Agreement, that, in the scenario, PID Bonds were denied by the
City Council, the Developer would be eligible to receive 100% of TIRZ No. 8 Fund
revenues after city acceptance of the eligible improvements, on a phase-by-phase
basis. If PID Bonds are issued as contemplated in the Development Agreement, the
Developer will only receive 50% of the City TIRZ Increment to offset a portion of the PID
Assessments. The remaining 50% not obligated to the Developer shall be available to
the City.
BACKGROUND:
The purpose of this item is to hold a Public Hearing and consider an ordinance creating
TIRZ #8 for the Oak Ridge Development.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Vibrant.
ATTACHMENTS:
1. 2025-11-24_ANN_Oak Ridge TIRZ#8_Creation Ordinance_v2.0
2. 2025-11-25_ANN_Oak Ridge_TIRZ#8_PPFP v1.5
CITY OF ANNA, TEXAS
the City of Anna, Texas (the "City"), pursuant to Chapter 311 of the Texas
Tax Code, as amended (the "Act"), may designate a geographic area within the corporate limits
and extraterritorial jurisdiction of the City as a tax increment reinvestment zone if the area satisfies
the requirements of the Act; and
the City Council of the City (the “City Council”) desires for the City to
consider the creation of the tax increment reinvestment zone in the City consisting of
approximately 808.23 acres depicted in Exhibit A and identified within Exhibit B attached hereto
(the “Property”); and
pursuant to and as required by the Act, the City Council prepared a
Reinvestment Zone Number Eight, City of Anna, Texas, Preliminary Project and Finance Plan (the
"Preliminary Project and Finance Plan") attached hereto as Exhibit B and incorporated herein for
all purposes; and
notice of the public hearing on the creation of the proposed zone was
published in the Sherman Herald Democrat, a newspaper of general circulation within the City, on
December 2, 2025, which date is not later than the seventh (7th) day before the public hearing held
on December 9, 2025; and
at the public hearing on December 9, 2025, interested persons were allowed
to speak for or against the creation of the zone, the boundaries of the zone, and the concept of tax
increment financing, and owners of property in the proposed zone were given a reasonable
opportunity to protest the inclusion of their property in the zone; and
WHEREAS, evidence was received and presented at the public hearing in favor of the
creation of the zone; and
WHEREAS, the City has taken all actions required to create the zone including, but not
limited to, all actions required by the Act, the Texas Open Meetings Act, and all other laws
applicable to the creation of the zone; and
WHEREAS, the City desires to appoint initial members to the board of directors of the
zone; and
WHEREAS, terms used in this Ordinance that have their initial letters capitalized shall
have the meanings given to them in this Ordinance; however, terms that are CAPITALIZED IN
BOLD shall have the meanings given to them in the Preliminary Project and Finance Plan.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ANNA, TEXAS:
SECTION 1. FINDINGS.
(a) The recitals, findings, and determinations contained in the preamble to this Ordinance
are incorporated into the body of this Ordinance as if fully set forth in this Section and are hereby
found and declared to be true and correct legislative findings and are adopted as part of this Ordinance
for all purposes.
(b) The City Council finds that the PUBLIC IMPROVEMENTS will significantly
enhance the value of all the taxable real property in the zone and will be of general benefit to the
City.
(c) The City Council finds that the proposed zone meets the requirements of Section
311.005(a)(2) of the Act in that:
(i) there is a need for essential public infrastructure and economic development
programs to attract new business and commercial activity to the proposed
zone for the purposes of increasing the real property tax base for all taxing
units within the zone, increasing sales and use taxes for the City and the
State of Texas, and increasing job opportunities for residents of the City and
the region; and
(ii) the proposed zone, as shown in Exhibit A, meets the criteria for the creation
of a reinvestment zone set forth in Section 311.005 of the Act in that the
area is predominantly open or undeveloped and, because of obsolete
platting, deterioration of structures or site improvements, or other factors,
substantially impairs and arrests the sound growth of the municipality; and
(iii) these factors substantially impair and arrest the sound growth of the City.
(d) The City Council finds that the proposed zone is a geographic area 100% within
the City’s corporate limits or extraterritorial jurisdiction.
(e) The City Council finds that not more than thirty percent (30%) of the property in
the proposed zone, excluding property that is publicly owned, is used for residential purposes, and
the total appraised value of taxable real property in the proposed zone and in existing reinvestment
zones does not exceed fifty percent (50%) of the total appraised value of taxable real property in
the City and in the industrial districts created by the City.
(f) The City Council finds that the development or redevelopment of the property in
the proposed zone will not occur solely through private investment in the reasonably foreseeable
future.
(g) The City Council finds that the Preliminary Project and Finance Plan is feasible.
(h) The City Council finds that the implementation of the Project and Finance Plan (as
defined below) will alleviate the conditions described in Section 1(c) above and will serve a public
purpose.
SECTION 2. DESIGNATION AND NAME OF THE ZONE. Pursuant to the authority of, and
in accordance with the requirements of the Act, the City Council hereby designates the Property
as a tax increment reinvestment zone. The name assigned to the zone for identification is
Reinvestment Zone Number Eight, City of Anna, Texas (the "Zone"). The Zone is designated
pursuant to Section 311.005(a)(2) of the Act.
SECTION 3. BOARD OF DIRECTORS.
3.1 The City Council hereby creates a board of directors for the Zone (the "Board")
consisting of seven members. Seven members shall be appointed by the City Council to Places
1,2,3,4, 5, 6 and 7.
3.2 The City Council hereby appoints the following individuals to serve as the initial
members of the Board for the terms indicated:
Place 1 Mayor (term expires December 31, 2027)
Place 2 Council Place 1 (term expires December 31, 2027)
Place 3 Council Place 2 (term expires December 31, 2028)
Place 4 Council Place 3 (term expires December 31, 2026)
Place 5 Council Place 4 (term expires December 31, 2028)
Place 6 Council Place 5 (term expires December 31, 2026)
Place 7 Council Place 6 (term expires December 31, 2028)
Upon expiration of the indicated terms or upon City Council action to reconstitute the initial Board
by appointing replacement members, subsequent appointments to fill vacancies shall be for terms
of two years. The member appointed to Place 1 shall serve as the chairman of the Board. The Board
is authorized to elect a vice-chairman and other officers as determined by the Board.
PROJECT
COSTS from the TIRZ NO. 8 FUND established pursuant to Section 7 of this Ordinance.
TIRZ NO. 8 FUND for
activities that benefit the Zone and stimulate business and commercial activity in the Zone. In
addition, the City Council hereby authorizes the Board to exercise all of the powers of the City
under Chapter 380, Texas Local Government Code, as amended.
PROJECT COSTS have been paid in full. If upon expiration of the stated term of the
Zone, PROJECT COSTS have not been paid, the City shall have no obligation to pay the
shortfall.
CITY TIRZ INCREMENT, and means the total appraised value of all real property in the
Zone that is taxable by the City as of January 1, 2025.
CITY TIRZ INCREMENT, means the total real property
value taxable (including increase tax values attributable to changes in use) by a taxing unit for a
year and located in the Zone for that year less the tax increment base of the unit.
There is hereby created and established a TIRZ NO.
8 FUND for the Zone. Within the TIRZ NO. 8 FUND, there may be maintained subaccounts as
necessary and convenient to carry out the purposes of the Act. The CITY TIRZ INCREMENT
shall be deposited into the TIRZ NO. 8 FUND as of the effective date of the Zone. The TIRZ
NO. 8 FUND and all subaccounts shall be maintained at the depository bank of the City and shall
be secured in the manner prescribed by law for funds of Texas cities. Prior to termination of the
Zone, funds shall be disbursed from the TIRZ NO. 8 FUND only to pay PROJECT COSTS.
TIRZ NO. 8 FUND shall consist of (i) the percentage of the tax increment, as defined by
Section 311.012(a) of the Texas Tax Code, that each taxing unit which levies real property taxes
in the Zone, other than the City, has elected to dedicate to the TIRZ NO. 8 FUND under an
agreement with the City authorized by Section 311.013(f) of the Texas Tax Code, and (ii) one
hundred percent (100%) of the City’s tax increment as defined by section 311.012(a) of the Texas
Tax Code (CITY TIRZ INCREMENT), subject to any binding agreement executed at any time
by the City that pledges a portion of such tax increment or an amount of other legally available
funds whose calculation is based on receipt of any portion of such tax increment.
PASSED, APPROVED, AND ADOPTED ON THIS 9th DAY OF DECEMBER, 2025.
ATTEST:
APPROVED AS TO FORM AND LEGALITY:
EXHIBIT B
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
REINVESTMENT ZONE NUMBER EIGHT,
CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN
DECEMBER 9, 2025
REINVESTMENT ZONE NUMBER EIGHT, CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN 1
TABLE OF CONTENTS
REINVESTMENT ZONE NUMBER EIGHT, CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN 2
SECTION 1: DEFINITIONS
Capitalized terms used in this Preliminary Plan shall have the meanings given to them in Section
I below unless otherwise defined in this Preliminary Plan or unless the context in which a term is
used clearly requires a different meaning. Unless otherwise defined, a reference to a “Section,”
or an “Exhibit,” shall be a reference to a Section of this Project and Finance Plan or an Exhibit or
Appendix attached to and made a part of this Preliminary Plan for all purposes.
“Act” means Chapter 311, Texas Tax Code, Tax Increment Financing Act, as amended.
“Administrative Costs” means the actual, direct costs paid or incurred by or on behalf of the City
to administer the Zone, including planning, engineering, legal services, organizational costs,
publicizing costs, or implementations costs paid by or on behalf of the City that are directly
related to the administration of the Zone.
“Appraisal District” means the Collin Central Appraisal District.
“Assessment(s)” means the special assessments levied on the Property pursuant to the PID Act
on a phase-by-phase basis, under one or more Assessment Ordinances adopted on a phase-by-
phase basis to reimburse the Developers on a phase-by-phase basis for a portion of the PID
Projects benefitting the applicable phase(s) as set forth in the Service and Assessment Plan, as
well as payment of Administrative Expenses and repayment of the PID Bonds and the costs
associated with the issuance of the PID Bonds.
“Board” means the Board of Directors for the Zone.
“Captured Appraised Value” means the new taxable value generated in addition to the Tax
Increment Base on a parcel-by-parcel basis for each year during the term of the Zone, as
calculated and confirmed annually by the Appraisal District.
“City” means the City of Anna, Texas.
“City Council” means the governing body of the City.
“City TIRZ Increment” means the portion of the City’s ad valorem tax increment equal to one
hundred percent (100%) of the ad valorem real property taxes collected and received by the City
on the Captured Appraised Value in the Zone., as further described in Section 12
“Commercial Subzone” means any area within the Zone designated for mixed-use development,
which may include commercial, multi-family, retail or other similar uses as further defined in the
Development Agreement.
“Creation Ordinance” means Ordinance No. _____ adopted by the City Council on December 9,
2025.
REINVESTMENT ZONE NUMBER EIGHT, CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN 3
“Developer” means OPP-Oak Ridge, LP. and its successors or assigns.
means that certain Oak Ridge Development Agreement between the
City and the Developer, effective as of May 27th, 2025.
means any future 380 economic development TIRZ
agreement to be entered into by the City, the Developer, and the Board detailing the economic
development grant to the Developer pursuant to Chapter 380, Texas Local Government Code.
means Section 311.010(h) of the Act, Chapter 380 of the
Texas Local Government Code, and Article III, Section 52-a, Texas Constitution, as amended.
means the economic development program authorized by
the Economic Development Provision, which allows the TIRZ Board, subject to the approval of
the City Council, to establish and provide for the administration of one or more programs
necessary or convenient to implement and achieve the purposes of the Final Plan, which
programs are for the public purposes of developing and diversifying the economy of the Zone
and developing business and commercial activity within the Zone, and may include programs to
make grants of any lawfully available money from the TIRZ No. 8 Fund, including activities that
benefit the Zone and stimulate business and commercial activity in the Zone.
“Feasibility Study” means the economic feasibility study as projected over the term of the Zone
and focused only on direct financial benefits of increased ad valorem tax revenue anticipated to
be generated by development within the Zone, as shown on Exhibit E.
means the Reinvestment Zone Number Eight, City of Anna, Texas Final Project and
Finance Plan.
means those certain costs that will be spent to develop in the Zone, but will
not be financed by the Zone, and will be financed by private funds, as described in Section 6, and
shown on Exhibit B.
“PID Bonds” means debt issued by the Public Improvement District to finance all or a portion of
the Public Improvements, as further described in the Service and Assessment Plan.
means the Oak Ridge Public Improvement District, which
shall consist of the Property, to be created by City Council pursuant to the Development
Agreement.
“Public Improvements” means the proposed public improvements to be financed by the Zone
and the PID, which includes pavement, storm sewer, water, sewer, contingencies & soft costs,
and associated financing and interest costs as detailed on Exhibit C and identified on Exhibit G.
REINVESTMENT ZONE NUMBER EIGHT, CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN 4
“Preliminary Plan” means this Reinvestment Zone Number Eight, City of Anna, Texas Preliminary
Project and Finance Plan, as approved by the Creation Ordinance.
Project Costs” means the total costs for projects in the Zone, including the actual costs of the
Public Improvements and the Administrative Costs.
Property” means 808.221 acres of land as depicted on Exhibit A and described on Exhibit H.
“Service and Assessment Plan” means that certain PID Service and Assessment Plan to be
adopted by the City, and amended or updated from time to time pursuant to the Development
Agreement.
“Single-Family Subzone” means any area within the Zone designated for single-family residential
development, which may include townhomes or other attached residential product, as further
defined in the Service and Assessment Plan.
“TIRZ Agreement" means any TIRZ Reimbursement Agreement entered into between the
Developer, the Board, and the City.
TIRZ Credit” means the TIRZ Annual Credit Amount designated towards the principal and
interest portion of the Annual Installment for the Assessed Property, as will be further defined
and described in the Service and Assessment Plan.
Tax Increment Base” means total appraised value of taxable real property in the Zone at the
time of creation of the Zone, as calculated and certified by the Appraisal District.
TIRZ No. 8 Fund” means the tax increment fund created by the City and segregated from all
other funds of the City.
Zone” means Reinvestment Zone Number Eight, City of Anna, Texas, as depicted on Exhibit A,
and described on Exhibit H.
REINVESTMENT ZONE NUMBER EIGHT, CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN 5
SECTION 2: INTRODUCTION
2.1 Authority and Purpose
The City has the authority under the Act to designate a contiguous or noncontiguous geographic
area within the corporate limits or extraterritorial jurisdiction of the City as a tax increment
reinvestment zone to promote development or redevelopment of the area because the City
Council determined that development or redevelopment would not occur solely through private
investment in the reasonably foreseeable future, that the Zone is economically feasible, and that
creation of the Zone is in the best interest of the City and the property in the Zone. The purpose
of the Zone is to facilitate such development or redevelopment by financing the costs of public
works, public improvements, programs, and other projects benefiting the Zone, plus other costs
incidental to those expenditures, all of which costs are authorized by the Act.
2.2 Eligibility Requirements
An area is eligible under the Act to be designated as a tax increment reinvestment zone if the
area:
1) substantially arrests or impairs the sound growth of the municipality designating the
Zone, retard the provision of housing accommodations, or constitutes an economic or
social liability and is a menace to the public health, safety, morals, or welfare in its present
condition; or
2) is predominantly open or undeveloped and, because of obsolete platting, deterioration
of structures or site improvements, or other factors, substantially impairs or arrests the
sound growth of the City; or
3) is in a federally assisted new community located in the City or in an area immediately
adjacent to a federally assisted new community; or
4) is in an area described in a petition requesting that the area be designated as a
reinvestment zone, if the petition is submitted to the governing body of the City by the
owners of property constituting at least fifty percent (50%) of the appraised value of the
property in the area according to the most recent certified appraisal roll for the county in
which the area is located.
The City cannot, however, designate a zone if more than thirty percent (30%) of the property in
the proposed zone, excluding property that is publicly owned, is used for residential purposes, or
if the total appraised value of taxable real property in the proposed zone and in existing
reinvestment zones exceeds fifty percent (50%) of the total appraised value of taxable real
property in the City and in industrial districts created by the City.
REINVESTMENT ZONE NUMBER EIGHT, CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN 6
2.3 The Zone
The Property is predominantly open, undeveloped or underdeveloped, and substantially impairs
and arrests the sound growth of the City. Due to its size, location, and physical characteristics
development would not occur solely through private investment in the foreseeable future. The
Property lacks public infrastructure and requires economic incentive to attract development for
the purpose of providing long-term economic benefits including, but not limited to, increased
real property tax base for all taxing units in the Zone. If the Public Improvements are financed as
contemplated by the Final Plan, the City envisions that the Property will be developed to take full
advantage of the opportunity to bring to the City a quality development.
Before the City Council adopted the Creation Ordinance, the City Council must prepare a
preliminary reinvestment zone project and finance plan in accordance with the Act and hold a
public hearing on the creation of the Zone and its benefits to the City and to the Property, at
which public hearing interested persons shall be given the opportunity to speak for and against
the creation of the Zone, the boundaries of the Zone and the concept of tax increment financing,
and at which hearing the owners of the Property shall be given a reasonable opportunity to
protest the inclusion of their Property in the Zone. The requirement of the Act for a preliminary
reinvestment zone project and finance plan was satisfied by this Preliminary Plan, the purpose of
which was to describe, in general terms, the Public Improvements that will be undertaken and
financed by the Zone. A description of how such Public Improvements and projects will be
undertaken and financed shall be determined by the Final Plan, which requires approval by the
Board and City Council.
Upon the closing of the above referenced public hearing, the City Council shall consider the
Creation Ordinance and the following findings:
1) that development or redevelopment of the Property would not occur solely through
private investment in the reasonably foreseeable future,
2) that the Zone was feasible,
3) that improvements in the Zone will significantly enhance the value of all the taxable real
property in the Zone and will be of general benefit to the City, and
4) that the Zone meets the eligibility requirements of the Act.
Among other provisions required by the Act, the Creation Ordinance shall appoint the Board.
REINVESTMENT ZONE NUMBER EIGHT, CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN 7
2.6 Board Recommendations
After the creation of the Zone, the Board shall review the Final Plan and recommend its approval
to the City Council pursuant to which the City shall contribute the City TIRZ Increment into the
TIRZ No. 2 Fund, in accordance with the Final Plan, to pay a portion of the Project Costs benefiting
the Zone.
SECTION 3: DESCRIPTION AND MAPS
The Property is currently located within the corporate limits of the City and is currently zoned
Agricultural District. The Property is primarily undeveloped or underdeveloped, and there is
limited and inadequate public infrastructure to support development. Development requires
extensive public infrastructure that: (1) the City could not provide, and (2) would not be provided
solely through private investment in the foreseeable future.
The Property is intended to be developed as a mixed-use development, consisting of residential,
retail, and commercial uses including open space and other public and private amenities, as
shown on Exhibit F.
The legal description on Exhibit H provides sufficient detail to identify with ordinary and
reasonable certainty the territory included in the Zone.
SECTION 4: PROPOSED CHANGES TO ORDINANCES, PLANS, CODES, RULES, AND
REGULATIONS
The Property within the Zone is wholly located within the corporate limits of the City and shall
be subject to the City’s zoning regulations. The City has exclusive jurisdiction over the subdivision
and platting of the property within the Property and the design, construction, installation, and
inspection of water, sewer, drainage, roadway, and other public infrastructure. No proposed
changes to zoning ordinances, comprehensive plan, building codes, subdivision rules, or other
municipal ordinances are planned.
SECTION 5: RELOCATION OF DISPLACED PERSONS
No person shall be displaced and in need of relocation due to the creation of the Zone or shall be
due to the implementation of the Final Plan.
REINVESTMENT ZONE NUMBER EIGHT, CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN 8
SECTION 6: ESTIMATED NON-PROJECT COSTS
Non-Project Costs are costs that will be spent to develop in the Zone but will not be financed by
the Zone, and will be financed by private funds. The list of Non-Project Costs is shown on Exhibit
B and are estimated to be approximately $861,847,000.
7.1 Categories of Public Improvements
All Public Improvements shall be designed and constructed in accordance with all applicable City
standards and shall otherwise be inspected, approved, and accepted by the City. At the City’s
option, the Public Improvements may be expanded to include any other category of
improvements authorized by the Act.
7.2 Locations of Public Improvements
The estimated locations of the proposed Public Improvements are detailed on Exhibit G. These
locations may be revised, with the approval of the City, from time to time without amending this
Preliminary Plan.
8.1 Project Costs
The total costs are estimated to be $160,784,687, as shown below and detailed on Exhibit C. The
costs of Public Improvements are estimated to be $159,965,281, and the Administrative Costs
are estimated to be $160,784,687.
8.2 Administrative Costs
The Administrative Costs are estimated to be $10,000 annually and escalating at two percent
(2%) thereafter. The Administrative Costs shall be paid each year from the TIRZ No. 8 Fund before
any other Project Costs are paid.
8.3 Estimated Timeline of Incurred Costs
The Administrative Costs will be incurred annually through the remaining duration of the Zone.
It is estimated the costs for constructing the Public Improvements will be incurred between 2027
and 2031, as shown on Exhibit D.
REINVESTMENT ZONE NUMBER EIGHT, CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN 9
SECTION 9: ECONOMIC FEASIBILITY
The Feasibility Study, as shown on Exhibit E, focuses on only direct financial benefits (i.e. ad
valorem tax revenues from the development of Public Improvements in the Zone). Based on the
Feasibility Study, during the term of the Zone, new development (which would not have occurred
but for the Zone) will generate approximately $418,528,643 in total new real property tax
revenue, and the contributing taxing entities will retain $294,106,365.
The Feasibility Study shows the cumulative City TIRZ Increment is estimated to be $124,422,278,
which will be available to pay a portion of the Project Costs, until the term expires or is otherwise
terminated. The remainder of the new City real property tax revenue generated within the Zone
and retained by the City is estimated to be $294,106,365 over the remaining term.
One hundred percent (100%) of all taxing revenues generated for other taxing entities by the
new development within the Zone will be retained by the respective taxing entities, unless the
taxing entity participates in the Zone. Based on the foregoing, the feasibility of the Zone has been
demonstrated.
No tax increment reinvestment zone bonds or public indebtedness by the City secured by the tax
increments pursuant to the Act, is contemplated.
11.1 Tax Increment Base
The Tax Increment Base is estimated to be $8,931 as of January 1, 2025, and shall be confirmed
by the Appraisal District.
11.2 Estimated Captured Appraised Value
It is estimated that upon expiration of the term of the Zone, the total Captured Appraised Value
of taxable real property in the Zone will be approximately $2,508,455,894 as shown on Exhibit E.
The actual Captured Appraised Value, as certified by the Appraisal District each year, will be used
to calculate annual payment by the City into the TIRZ No. 8 Fund pursuant to the Final Plan.
12.1 TIRZ No. 8 Fund Contributions
REINVESTMENT ZONE NUMBER EIGHT, CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN 10
The Final Plan shall obligate the City to deposit into the TIRZ No. 8 Fund each year the City TIRZ
Increment. For example, in FY 2026, the City’s ad valorem tax rate is $0.525073 per $100 of
taxable value, therefore the City would contribute $0.525073 per $100 of the Captured Appraised
Value in the Zone levied and collected, to the TIRZ No. 8 Fund.
12.2 Funding Mechanisms
REINVESTMENT ZONE NUMBER EIGHT, CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN 11
City may amend the Final Plan in compliance with the Act, Development Agreement, Economic
Development Agreement, and TIRZ Agreement, including but not limited to what is considered a
Project Cost.
SECTION 13: DURATION OF THE ZONE, TERMINATION
13.1 Duration
13.2 Termination
REINVESTMENT ZONE NUMBER EIGHT, CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN 12
LIST OF EXHIBITS
Unless otherwise stated, all references to "Exhibits" contained in this Preliminary Plan shall mean
and refer to the following exhibits, all of which are attached to and made a part of this Preliminary
Plan for all purposes.
Exhibit A Map of the Zone
Exhibit B Non-Project Costs
Exhibit C Project Costs
Exhibit D Estimated Timeline of Incurred Costs
Exhibit E Feasibility Study
Exhibit F Proposed Uses of the Property
Exhibit G Maps of the Public Improvements
Exhibit H Legal Description of the Zone
REINVESTMENT ZONE NUMBER EIGHT, CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN 13
EXHIBIT A – MAP OF THE ZONE
REINVESTMENT ZONE NUMBER EIGHT, CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN 14
EXHIBIT B – NON-PROJECT COSTS
REINVESTMENT ZONE NUMBER EIGHT, CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN 15
EXHIBIT C – PROJECT COSTS
REINVESTMENT ZONE NUMBER EIGHT, CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN 16
EXHIBIT D – ESTIMATED TIMELINE OF INCURRED COSTS
REINVESTMENT ZONE NUMBER EIGHT, CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN 17
EXHIBIT E – FEASIBILITY STUDY
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REINVESTMENT ZONE NUMBER EIGHT, CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN 18
EXHIBIT F – PROPOSED USES OF THE PROPERTY
REINVESTMENT ZONE NUMBER EIGHT, CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN 19
EXHIBIT G – MAPS OF THE PUBLIC IMPROVEMENTS
REINVESTMENT ZONE NUMBER EIGHT, CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN 20
REINVESTMENT ZONE NUMBER EIGHT, CITY OF ANNA, TEXAS
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REINVESTMENT ZONE NUMBER EIGHT, CITY OF ANNA, TEXAS
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EXHIBIT H – LEGAL DESCRIPTION OF THE ZONE
REINVESTMENT ZONE NUMBER EIGHT, CITY OF ANNA, TEXAS
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REINVESTMENT ZONE NUMBER EIGHT, CITY OF ANNA, TEXAS
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REINVESTMENT ZONE NUMBER EIGHT, CITY OF ANNA, TEXAS
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REINVESTMENT ZONE NUMBER EIGHT, CITY OF ANNA, TEXAS
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REINVESTMENT ZONE NUMBER EIGHT, CITY OF ANNA, TEXAS
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REINVESTMENT ZONE NUMBER EIGHT, CITY OF ANNA, TEXAS
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REINVESTMENT ZONE NUMBER EIGHT, CITY OF ANNA, TEXAS
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Item No. 7.o.
City Council Agenda
Staff Report
Meeting Date: 12/9/2025
Staff Contact: Joey Grisham
AGENDA ITEM:
Conduct a Public Hearing and Consider/Discuss/Action on an Ordinance of the City
Council of the City of Anna, Texas, designating a geographic area located within the
corporate limits of the City as a Tax Increment Reinvestment Zone pursuant to Chapter
311 of the Texas Tax Code, to be known as Reinvestment Zone Number Nine, City of
Anna, Texas; describing the boundaries of the zone; creating a Board of Directors for
the zone and appointing members of the board; establishing a Tax Increment Fund
(TIRZ No. 9 Fund) for the zone, containing findings related to the creation of the zone;
providing a date for the termination of the zone; providing that the zone take effect
immediately upon passage of the ordinance; providing a severability clause; and
providing an effective date. (Director of Economic Development Joey Grisham)
SUMMARY:
The proposed Tax Increment Reinvestment Zone Number Nine, City of Anna, Texas
(TIRZ No. 9) is being presented and requested for approval in accordance with the
Sherley Farms Development Agreement, effective as of December 17, 2024, in which
the City will contribute 50% of the captured appraised value of the TIRZ to the TIRZ No.
9 Fund for a period of 40 years. This item, if approved, will create Reinvestment Zone
Number Nine, City of Anna, Texas (TIRZ No. 9), which covers the Sherley Farms
development consisting of 1,123.592 acres. In addition to the creation of TIRZ No.9, this
item will also appoint the TIRZ No. 9 Board. After payment of TIRZ administrative costs,
applicable TIRZ No. 9 Fund revenues will be available to be used in accordance with
the Development Agreement on a parcel-by-parcel basis, including but not limited to
offsetting a portion of the PID Assessments or funding the Chapter 380 Grant to fund
the actual costs of eligible improvements. Any TIRZ No.9 Fund revenues not obligated
under the Development Agreement shall be available to be used at the City Council’s
discretion, as allowed under Chapter 311. The proposed boundary of TIRZ No. 9 and
the Preliminary Project and Finance Plan are attached as Exhibits to this ordinance. Per
the statute, notice was published and the Preliminary Project and Finance Plan was
placed on file with the City Secretary no later than seven (7) days prior to this public
hearing.
FINANCIAL IMPACT:
50% for 40 years.
BACKGROUND:
The purpose of this item is to hold a Public Hearing and consider an ordinance creating
TIRZ #9 for the Sherley Farms Development.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Vibrant.
ATTACHMENTS:
1. 2025-11-24_ANN_Sherley Farms TIRZ#9_Creation Ordinance_v2.0
2. 2025-11-25_ANN_Sherley Farms_TIRZ#9_PPFP v1.6
CITY OF ANNA, TEXAS
the City of Anna, Texas (the "City"), pursuant to Chapter 311 of the Texas
Tax Code, as amended (the "Act"), may designate a geographic area within the corporate limits or
extraterritorial jurisdiction of the City as a tax increment reinvestment zone if the area satisfies the
requirements of the Act; and
the City Council of the City (the “City Council”) desires for the City to
consider the creation of the tax increment reinvestment zone in the City consisting of
approximately 1,123.592 acres depicted in Exhibit A and identified within Exhibit B attached
hereto (the “Property”); and
pursuant to and as required by the Act, the City Council prepared a
Reinvestment Zone Number Nine, City of Anna, Texas, Preliminary Project and Finance Plan (the
"Preliminary Project and Finance Plan") attached hereto as Exhibit B and incorporated herein for
all purposes; and
notice of the public hearing on the creation of the proposed zone was
published in the Sherman Herald Democrat, a newspaper of general circulation within the City, on
December 2, 2025, which date is not later than the seventh (7th) day before the public hearing held
on December 9, 2025; and
at the public hearing on December 9, 2025, interested persons were allowed
to speak for or against the creation of the zone, the boundaries of the zone, and the concept of tax
increment financing, and owners of property in the proposed zone were given a reasonable
opportunity to protest the inclusion of their property in the zone; and
WHEREAS, evidence was received and presented at the public hearing in favor of the
creation of the zone; and
WHEREAS, the City has taken all actions required to create the zone including, but not
limited to, all actions required by the Act, the Texas Open Meetings Act, and all other laws
applicable to the creation of the zone; and
WHEREAS, the City desires to appoint initial members to the board of directors of the
zone; and
WHEREAS, terms used in this Ordinance that have their initial letters capitalized shall
have the meanings given to them in this Ordinance; however, terms that are CAPITALIZED IN
BOLD shall have the meanings given to them in the Preliminary Project and Finance Plan.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ANNA, TEXAS:
SECTION 1. FINDINGS.
(a) The recitals, findings, and determinations contained in the preamble to this Ordinance
are incorporated into the body of this Ordinance as if fully set forth in this Section and are hereby
found and declared to be true and correct legislative findings and are adopted as part of this Ordinance
for all purposes.
(b) The City Council finds that the PUBLIC IMPROVEMENTS will significantly
enhance the value of all the taxable real property in the zone and will be of general benefit to the
City.
(c) The City Council finds that the proposed zone meets the requirements of Section
311.005(a)(2) of the Act in that:
(i) there is a need for essential public infrastructure and economic development
programs to attract new business and commercial activity to the proposed
zone for the purposes of increasing the real property tax base for all taxing
units within the zone, increasing sales and use taxes for the City and the
State of Texas, and increasing job opportunities for residents of the City and
the region; and
(ii) the proposed zone, as shown in Exhibit A, meets the criteria for the creation
of a reinvestment zone set forth in Section 311.005 of the Act in that the
area is predominantly open or undeveloped and, because of obsolete
platting, deterioration of structures or site improvements, or other factors,
substantially impairs and arrests the sound growth of the municipality; and
(iii) these factors substantially impair and arrest the sound growth of the City.
(d) The City Council finds that the proposed zone is a geographic area 100% within
the City’s corporate limits.
(e) The City Council finds that not more than thirty percent (30%) of the property in
the proposed zone, excluding property that is publicly owned, is used for residential purposes, and
the total appraised value of taxable real property in the proposed zone and in existing reinvestment
zones does not exceed fifty percent (50%) of the total appraised value of taxable real property in
the City and in the industrial districts created by the City.
(f) The City Council finds that the development or redevelopment of the property in
the proposed zone will not occur solely through private investment in the reasonably foreseeable
future.
(g) The City Council finds that the Preliminary Project and Finance Plan is feasible.
(h) The City Council finds that the implementation of the Project and Finance Plan (as
defined below) will alleviate the conditions described in Section 1(c) above and will serve a public
purpose.
SECTION 2. DESIGNATION AND NAME OF THE ZONE. Pursuant to the authority of, and
in accordance with the requirements of the Act, the City Council hereby designates the Property
as a tax increment reinvestment zone. The name assigned to the zone for identification is
Reinvestment Zone Number Nine, City of Anna, Texas (the "Zone"). The Zone is designated
pursuant to Section 311.005(a)(2) of the Act.
SECTION 3. BOARD OF DIRECTORS.
3.1 The City Council hereby creates a board of directors for the Zone (the "Board")
consisting of seven members. Seven members shall be appointed by the City Council to Places
1,2,3,4, 5, 6 and 7.
3.2 The City Council hereby appoints the following individuals to serve as the initial
members of the Board for the terms indicated:
Place 1 Mayor (term expires December 31, 2027)
Place 2 Council Place 1 (term expires December 31, 2027)
Place 3 Council Place 2 (term expires December 31, 2028)
Place 4 Council Place 3 (term expires December 31, 2026)
Place 5 Council Place 4 (term expires December 31, 2028)
Place 6 Council Place 5 (term expires December 31, 2026)
Place 7 Council Place 6 (term expires December 31, 2028)
Upon expiration of the indicated terms or upon City Council action to reconstitute the initial Board
by appointing replacement members, subsequent appointments to fill vacancies shall be for terms
of two years. The member appointed to Place 1 shall serve as the chairman of the Board. The Board
is authorized to elect a vice-chairman and other officers as determined by the Board.
PROJECT
COSTS from the TIRZ NO. 9 FUND established pursuant to Section 7 of this Ordinance.
TIRZ NO. 9 FUND for
activities that benefit the Zone and stimulate business and commercial activity in the Zone. In
addition, the City Council hereby authorizes the Board to exercise all of the powers of the City
under Chapter 380, Texas Local Government Code, as amended.
PROJECT COSTS have been paid in full. If upon expiration of the stated term of the
Zone, PROJECT COSTS have not been paid, the City shall have no obligation to pay the
shortfall.
CITY TIRZ INCREMENT, and means the total appraised value of all real property in the
Zone that is taxable by the City as of January 1, 2025.
CITY TIRZ INCREMENT means the total real property value
taxable (including increase tax values attributable to changes in use) by a taxing unit for a year and
located in the Zone for that year less the tax increment base of the unit.
There is hereby created and established a TIRZ NO.
9 FUND for the Zone. Within the TIRZ NO. 9 FUND, there may be maintained subaccounts as
necessary and convenient to carry out the purposes of the Act. The CITY TIRZ INCREMENT
shall be deposited into the TIRZ NO. 9 FUND as of the effective date of the Zone. The TIRZ
NO. 9 FUND and all subaccounts shall be maintained at the depository bank of the City and shall
be secured in the manner prescribed by law for funds of Texas cities. Prior to termination of the
Zone, funds shall be disbursed from the TIRZ NO. 9 FUND only to pay PROJECT COSTS.
TIRZ NO. 9 FUND shall consist of (i) the percentage of the tax increment, as defined by
Section 311.012(a) of the Texas Tax Code, that each taxing unit which levies real property taxes
in the Zone, other than the City, has elected to dedicate to the TIRZ NO. 9 FUND under an
agreement with the City authorized by Section 311.013(f) of the Texas Tax Code, and (ii) fifty
percent (50%) of the City’s tax increment as defined by section 311.012(a) of the Texas Tax Code
(CITY TIRZ INCREMENT), subject to any binding agreement executed at any time by the City
that pledges a portion of such tax increment or an amount of other legally available funds whose
calculation is based on receipt of any portion of such tax increment.
PASSED, APPROVED, AND ADOPTED ON THIS 9th DAY OF DECEMBER, 2025.
ATTEST:
APPROVED AS TO FORM AND LEGALITY:
EXHIBIT B
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REINVESTMENT ZONE NUMBER NINE,
CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN
DECEMBER 9, 2025
REINVESTMENT ZONE NUMBER NINE, CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN 1
TABLE OF CONTENTS
REINVESTMENT ZONE NUMBER NINE, CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN 2
SECTION 1: DEFINITIONS
Capitalized terms used in this Preliminary Plan shall have the meanings given to them in Section
I below unless otherwise defined in this Preliminary Plan or unless the context in which a term is
used clearly requires a different meaning. Unless otherwise defined, a reference to a “Section,”
or an “Exhibit,” shall be a reference to a Section of this Preliminary Plan or an Exhibit or Appendix
attached to and made a part of this Preliminary Plan for all purposes.
“Act” means Chapter 311, Texas Tax Code, Tax Increment Financing Act, as amended.
“Administrator” means the City or independent firm designated by the City who shall have the
responsibilities provided in this Final Plan or any other agreement or document approved by the
City related to the duties and responsibilities of the administration of the Zone. The initial
Administrator is P3Works, LLC.
“Administrative Costs” means the actual, direct costs paid or incurred by or on behalf of the City
to administer the Zone, including, but not limited to, costs and expenses for: (1) the
Administrator; (2) City staff; (3) planning, engineering, and legal services; (4) organizational,
publicizing, and implementations; (5) costs of operating the Zone and project facilities paid by or
on behalf of the City that are directly related to the administration of the Zone; and (6) payments
made at the discretion of the governing body of the municipality that it finds necessary or
convenient to the adoption or to the implementation of this Final Plan for the Zone.
“Appraisal District” means the Collin Central Appraisal District.
“Assessment(s)” means the special assessments levied on the Property pursuant to the PID Act
on a phase-by-phase basis, under one or more Assessment Ordinances adopted on a Phase-by-
Phase basis to reimburse the Developers on a phase-by-phase basis for a portion of the PID
Projects benefitting the applicable phase(s) as set forth in the Service and Assessment Plan, as
well as payment of Administrative Expenses and repayment of the PID Bonds and the costs
associated with the issuance of the PID Bonds.
“Board” means the Board of Directors for the Zone.
“Captured Appraised Value” means the new taxable value of the Zone, on a parcel-by-parcel
basis for each year during the term of the Zone, as calculated and confirmed annually by the
Appraisal District.
“City” means the City of Anna, Texas.
“City Council” means the governing body of the City.
REINVESTMENT ZONE NUMBER NINE, CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN 3
“City TIRZ Increment” means the portion of the City’s ad valorem tax increment equal to fifty
percent (50%) of the ad valorem real property taxes collected and received by the City on the
Captured Appraised Value in the Zone., as further described in Section 12
“Commercial Subzone” means any area within the Zone designated for commercial
development, which may include commercial, multi-family, retail or other similar uses as further
defined in the Development Agreement.
Creation Ordinance” means the Ordinance No. _________ approved and adopted by the City
Council on December 9, 2025, designating the creation of the Zone and the Board.
“Developer” means Tellus Texas III, LLC., and Sherley Partners, LTD, and its successors or assigns.
“Development Agreement” means that certain Sherley Farms Development Agreement
between the City and the Developer, effective as of December 17, 2024.
“Economic Development Agreement” means that certain 380 economic development TIRZ
agreement to be entered into by the City, the Developer, and the Board detailing the economic
development grant to the Developer pursuant to Chapter 380, Texas Local Government Code.
“Economic Development Provision” means Section 311.010(h) of the Act, Chapter 380 of the
Texas Local Government Code, and Article III, Section 52-a, Texas Constitution, as amended.
“Economic Development Program” means the economic development program authorized by
the Economic Development Provision, which allows the Board, subject to the approval of the City
Council, to establish and provide for the administration of one or more programs necessary or
convenient to implement and achieve the purposes of this Final Plan, which programs are for the
public purposes of developing and diversifying the economy of the Zone and developing business
and commercial activity within the Zone, and may include programs to make grants of any
lawfully available money from the TIRZ No. 3 Fund, including activities that benefit the Zone and
stimulate business and commercial activity in the Zone.
Feasibility Study” means the economic feasibility study as projected over the term of the Zone
and focused only on direct financial benefits of increased ad valorem tax revenue anticipated to
be generated by development within the Zone, as shown on Exhibit E.
Final Plan” means the future Reinvestment Zone Number Nine, City of Anna, Texas Final Project
and Finance Plan.
“Non-Project Costs” means those certain costs that will be spent to develop in the Zone, but will
not be financed by the Zone, and will be financed by private funds, as described in Section 6, and
shown on Exhibit B.
REINVESTMENT ZONE NUMBER NINE, CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN 4
“PID Bonds” means debt issued by the Public Improvement District to finance all or a portion of
the Public Improvements, as further described in the Service and Assessment Plan.
“Public Improvement District (PID)” means the Sherley Farms Public Improvement District,
which consists of the Property, created by Resolution No. 2025-03-1753 of the City passed on
March 25, 2025.
“Preliminary Plan” means this Reinvestment Zone Number Nine, City of Anna, Texas Preliminary
Project and Finance Plan.
Project Costs” means the total costs for projects in the Zone, a portion of which to be financed
by the Zone, including the Public Improvements and the Administrative Costs, as described in
Section 8 and shown on Exhibit C.
Property” means 1,123.592 acres of land as depicted on Exhibit A and described on Exhibit H.
Public Improvements” means the proposed public improvements to be financed by the Zone
and the PID, either directly or indirectly, which includes water, wastewater/sewer, detention and
drainage, paving, landscaping, contingency & soft costs related thereto, associated financing and
interest costs, and other infrastructure necessary to serve development or redevelopment of the
Zone and to be constructed and dedicated to the City, as depicted on Exhibit G, and detailed on
Exhibit C.
Public Improvement Costs” means the total cost to construct the Public Improvements, detailed
on Exhibit C.
“Service and Assessment Plan” means that certain PID Service and Assessment Plan that shall be
adopted by the City, and amended or updated from time to time, pursuant to the Development
Agreement.
“Single-Family Subzone” means any area within the Zone designated for single-family residential
development, which may include townhomes or other attached residential product, as further
defined in the Development Agreement.
“TIRZ Agreement” means any TIRZ Reimbursement Agreement entered into between the
Developer, the Board, and the City.
TIRZ Credit” means the TIRZ Annual Credit Amount designated towards the principal and
interest portion of the Annual Installment for the Assessed Property, as will be further defined
and described in the Service and Assessment Plan.
Tax Increment Base” means total appraised value of taxable real property in the Zone at the
time of creation of the Zone, as calculated and certified by the Appraisal District.
REINVESTMENT ZONE NUMBER NINE, CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN 5
“TIRZ No. 9 Fund” means the tax increment fund created by the City and segregated from all
other funds of the City, where the City TIRZ Increment is deposited annually.
Zone” means Reinvestment Zone Number Nine, City of Anna, Texas, as identified on Exhibit A,
and described on Exhibit H.
REINVESTMENT ZONE NUMBER NINE, CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN 6
SECTION 2: INTRODUCTION
2.1 Authority and Purpose
The City has the authority under the Act to designate a contiguous or noncontiguous geographic
area within the corporate limits or extraterritorial jurisdiction of the City as a tax increment
reinvestment zone to promote development or redevelopment of the area because the City
Council has determined that (1) development or redevelopment would not occur solely through
private investment in the reasonably foreseeable future, (2) that the Zone is economically
feasible, and (3) the creation of the Zone is in the best interest of the City and the property in the
Zone. The purpose of the Zone is to facilitate such development or redevelopment by financing
the costs of public works, public improvements, programs, and other projects benefiting the
Zone, plus other costs incidental to those expenditures, all of which costs are authorized by the
Act.
2.2 Eligibility Requirements
An area is eligible under the Act to be designated as a tax increment reinvestment zone if the
area:
1) substantially arrests or impairs the sound growth of the City designating the Zone, retard
the provision of housing accommodations, or constitutes an economic or social liability
and is a menace to the public health, safety, morals, or welfare in its present condition;
or
2) is predominantly open or undeveloped and, because of obsolete platting, deterioration
of structures or site improvements, or other factors, substantially impairs or arrests the
sound growth of the City; or
3) is in a federally assisted new community located in the City or in an area immediately
adjacent to a federally assisted new community; or
4) is in an area described in a petition requesting that the area be designated as a
reinvestment zone, if the petition is submitted to the governing body of the City by the
owners of property constituting at least fifty percent (50%) of the appraised value of the
property in the area according to the most recent certified appraisal roll for the county in
which the area is located.
The City cannot, however, designate a zone if more than thirty percent (30%) of the property in
the proposed zone, excluding property that is publicly owned, is used for residential purposes, or
if the total appraised value of taxable real property in the proposed zone and in existing
reinvestment zones exceeds fifty percent (50%) of the total appraised value of taxable real
property in the City and in industrial districts created by the City.
REINVESTMENT ZONE NUMBER NINE, CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN 7
2.3 The Zone
The Property within the proposed Zone is currently located within the corporate limits of the
City. The Property is predominantly undeveloped or underdeveloped and substantially impairs
and arrests the sound growth of the City. Due to its size, location, and physical characteristics
development would not occur solely through private investment in the foreseeable future. The
Property lacks public infrastructure and requires economic incentive to attract development for
the purpose of providing long-term economic benefits including, but not limited to, increased
real property tax base for all taxing units in the Zone. If the Public Improvements are financed as
contemplated by the Final Plan, the City envisions that the Property will be developed to take full
advantage of the opportunity to bring to the City a quality development.
2.4 Preliminary Plan and Hearing
Before the City Council adopts the Creation Ordinance, the City Council must prepare a
preliminary reinvestment zone financing plan in accordance with the Act and hold a public
hearing on the creation of the Zone and its benefits to the City and to the Property, at which
public hearing interested persons are given the opportunity to speak for and against the creation
of the Zone, the boundaries of the Zone and the concept of tax increment financing, and at which
hearing the owners of the Property are given a reasonable opportunity to protest the inclusion
of their Property in the Zone. The Preliminary Plan described, in general terms, the Public
Improvements that will be undertaken and financed by the Zone.
2.5 Creation of the Zone
Upon the closing of the above referenced public hearing, the City Council considered the Creation
Ordinance and the following findings:
(1) development or redevelopment of the Property would not occur solely through private
investment in the reasonably foreseeable future,
(2) the Zone was feasible,
(3) that improvements in the Zone will significantly enhance the value of all the taxable real
property in the Zone and will be of general benefit to the City, and
(4) the Zone meets the eligibility requirements of the Act.
Among other provisions required by the Act, the Creation Ordinance shall appoint the Board.
2.6 Board Recommendations
After the creation of the Zone, the Board shall review the Final Plan and recommend its approval
to the City Council pursuant to which the City shall contribute the City TIRZ Increment into the
TIRZ No. 9 Fund to pay a portion of the Project Costs benefiting the Zone.
REINVESTMENT ZONE NUMBER NINE, CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN 8
SECTION 3: DESCRIPTION AND MAPS
3.1 Existing Uses and Conditions
The Property is currently located within the corporate limits of the City and is currently zoned
Planned Development. The Property is primarily undeveloped or underdeveloped, and there is
limited and inadequate public infrastructure to support development. Development requires
extensive public infrastructure that: (1) the City could not provide, and (2) would not be provided
solely through private investment in the foreseeable future.
3.2 Proposed Uses
The Property is intended to be developed as a mixed-use and single family development,
consisting of residential and commercial uses including open space and other public and private
amenities, as shown on Exhibit F.
3.3 Property Identification
The legal description on Exhibit H provides sufficient detail to identify with ordinary and
reasonable certainty the territory included in the Zone.
The Property within the Zone is wholly located within the corporate limits of the City and is
subject to the City’s zoning regulations. The City has exclusive jurisdiction over the subdivision
and platting of the property within the Property and the design, construction, installation, and
inspection of water, sewer, drainage, roadway, and other public infrastructure. No proposed
changes to zoning ordinances, comprehensive plan, building codes, subdivision rules, or other
municipal ordinances are planned.
No person shall be displaced and in need of relocation due to the creation of the Zone or shall be
due to the implementation of the Final Plan.
Non-Project Costs are costs that will be spent to develop in the Zone but will not be financed by
the Zone, and will be financed by private funds. The list of Non-Project Costs is shown on Exhibit
B and are estimated to be approximately $1,293,272,000.
REINVESTMENT ZONE NUMBER NINE, CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN 9
SECTION 7: PROPOSED PUBLIC IMPROVEMENTS
7.1 Categories of Public Improvements
All Public Improvements shall be designed and constructed in accordance with all applicable City
standards, regulations, requirements and specifications and shall otherwise be inspected,
approved, and accepted by the City. At the City’s option, the Public Improvements may be
expanded to include any other category of improvements authorized by the Act.
8.1 Project Costs
The Project Costs are estimated to be $205,116,446, as shown below and detailed on Exhibit C.
The costs of Public Improvements are estimated to be $204,512,426, and the Administrative
Costs are estimated to be $604,020. Project Costs include interest accrued on PID Bonds, if and
when issued, pursuant to the Service and Assessment Plan.
8.2 Estimated Administrative Costs
The Administrative Costs are estimated to be $10,000 annually and escalating at two percent
(2%) thereafter. The Administrative Costs shall be paid each year from the TIRZ No. 9 Fund before
any other Project Costs are paid.
8.3 Estimated Timeline of Incurred Costs
The Administrative Costs will be incurred annually beginning at the time the Zone is created and
throughout the duration of the Zone. It is estimated the Public Improvement Costs will be
incurred between the calendar years 2026 and 2032, as shown on Exhibit D.
Based on the Feasibility Study, during the term of the Zone, new development, which would not
have occurred but for the Zone, will generate approximately $457,434,619 in total new real
property tax revenue for the participation taxing entities. Approximately $228,717,310 will be
deposited into the TIRZ No. 9 Fund to pay for the Project Costs over the life of the Zone. The
remaining real property tax revenue over that period, estimated at $228,717,310 shall be
retained by the participating taxing entities.
The Feasibility Study shows the cumulative City TIRZ Increment is estimated to be $228,717,310,
which will be available to pay a portion of the Project Costs, until the term expires or is otherwise
terminated. The remainder of the new City real property tax revenue generated within the Zone
and retained by the City is estimated to be $228,717,310 over the term.
REINVESTMENT ZONE NUMBER NINE, CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN 10
The City TIRZ Increment will be available to pay Project Costs, until the term expires or is
otherwise terminated. Upon expiration or termination of the Zone, one hundred percent (100%)
of all tax revenue generated within the Zone will be retained by the City. Based on the foregoing,
the feasibility of the Zone has been demonstrated.
SECTION 10: ESTIMATED BONDED INDEBTEDNESS
SECTION 11: APPRAISED VALUE
11.1 Tax Increment Base
11.2 Estimated Captured Appraised Value
Exhibit E.
The actual Captured Appraised Value, as certified by the Appraisal District each year, will be used
to calculate annual payment by the City into the TIRZ No. 9 Fund pursuant to the Final Plan.
SECTION 12: METHOD OF FINANCING
12.1 TIRZ Fund Contributions
12.2 Funding Mechanisms
REINVESTMENT ZONE NUMBER NINE, CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN 11
Assessment Plan. Annually, the TIRZ Credit shall be transferred by the City from the TIRZ No. 9
Fund into the fund held by a trustee pursuant to the applicable indenture of trust, and which is
used to repay an applicable series of bonds, as further defined and described in the Service and
Assessment Plan. Additionally, pursuant to the Development Agreement and TIRZ Agreement,
the actual costs of Public Improvements not funded by the PID or Impact Fees may be eligible for
reimbursement from the TIRZ No. 9 Fund.
REINVESTMENT ZONE NUMBER NINE, CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN 12
All payments of Project Costs shall be made solely from the TIRZ No. 9 Fund and from no other
funds of the City or County unless otherwise approved by the respective governing bodies. The
TIRZ No. 9 Fund shall only be used to pay the Project Costs in accordance with the Final Plan. The
City may amend the Final Plan in compliance with the Act, Development Agreement, and TIRZ
Agreement, including but not limited to what is considered a Project Cost.
SECTION 13: DURATION OF THE ZONE, TERMINATION
13.1 Duration
13.2 Termination
REINVESTMENT ZONE NUMBER NINE, CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN 13
LIST OF EXHIBITS
Unless otherwise stated, all references to "Exhibits" contained in this Preliminary Plan shall mean
and refer to the following exhibits, all of which are attached to and made a part of this Preliminary
Plan for all purposes.
Exhibit A Map of the Zone
Exhibit B Non-Project Costs
Exhibit C Project Costs
Exhibit D Estimated Timeline of Incurred Costs
Exhibit E Feasibility Study
Exhibit F Proposed Uses of the Property
Exhibit G Maps of the Public Improvements
Exhibit H Legal Description of the Zone
REINVESTMENT ZONE NUMBER NINE, CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN 14
EXHIBIT A – MAP OF THE ZONE
REINVESTMENT ZONE NUMBER NINE, CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN 15
EXHIBIT B – NON-PROJECT COSTS
REINVESTMENT ZONE NUMBER NINE, CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN 16
EXHIBIT C – PROJECT COSTS
REINVESTMENT ZONE NUMBER NINE, CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN 17
EXHIBIT D – ESTIMATED TIMELINE OF INCURRED COSTS
REINVESTMENT ZONE NUMBER NINE, CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN 18
EXHIBIT E – FEASIBILITY STUDY
REINVESTMENT ZONE NUMBER NINE, CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN 19
EXHIBIT F – PROPOSED USES OF THE PROPERTY
REINVESTMENT ZONE NUMBER NINE, CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN 20
EXHIBIT G – MAPS OF THE PUBLIC IMPROVEMENTS
REINVESTMENT ZONE NUMBER NINE, CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN 21
REINVESTMENT ZONE NUMBER NINE, CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN 22
REINVESTMENT ZONE NUMBER NINE, CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN 23
REINVESTMENT ZONE NUMBER NINE, CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN 24
EXHIBIT H – LEGAL DESCRIPTION OF THE ZONE
REINVESTMENT ZONE NUMBER NINE, CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN 25
REINVESTMENT ZONE NUMBER NINE, CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN 26
REINVESTMENT ZONE NUMBER NINE, CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN 27
REINVESTMENT ZONE NUMBER NINE, CITY OF ANNA, TEXAS
PRELIMINARY PROJECT AND FINANCE PLAN 28
Item No. 7.p.
City Council Agenda
Staff Report
Meeting Date: 12/9/2025
Staff Contact: Joey Grisham
AGENDA ITEM:
First Reading of a Resolution approving a project of the Anna Community Development
Corporation to acquire property including entering into a purchase and sale contract to
acquire property near the intersection of Powell Pkwy. and FM 455,and a leaseback for
the property. (Director of Economic Development Joey Grisham)
SUMMARY:
Two readings of the Resolution are required prior to authorization of the agreement. The
Resolution is included in the proceeding item approving an agreement between the
CDC, Bengal Anna Plaza, LLC., and Faizur Rahman. The CDC Board is expected to
vote on the agreement on December 11, 2025. This is the first reading of the
Resolution. The presiding officer should read the following:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS
RATIFYING AND AUTHORIZING THE ANNA COMMUNITY DEVELOPMENT
CORPORATION TO ENTER INTO A PURCHASE AND SALE AGREEMENT WITH
BENGAL ANNA PLAZA, LLC AND FAIZUR RAHMAN WITH A LEASEBACK FOR
PROPERTY OWNED BY BENGAL ANNA PLAZA, LLC.
FINANCIAL IMPACT:
BACKGROUND:
See Next Item
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Vibrant.
ATTACHMENTS:
Item No. 7.q.
City Council Agenda
Staff Report
Meeting Date: 12/9/2025
Staff Contact: Joey Grisham
AGENDA ITEM:
Second reading of a Resolution approving a project of the Anna Community
Development Corporation to acquire property including entering into a purchase and
sale contract to acquire property near the intersection of Powell Pkwy. and FM 455,and
a leaseback for the property (Director of Economic Development Joey Grisham)
SUMMARY:
Two readings of the Resolution are required prior to authorization of the agreement. The
Resolution is included in the proceeding item approving an agreement between the
CDC, Bengal Anna Plaza, LLC., and Faizur Rahman. The CDC Board is expected to
vote on the agreement on December 11, 2025. This is the second reading of the
Resolution. The presiding officer should read the following:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS
RATIFYING AND AUTHORIZING THE ANNA COMMUNITY DEVELOPMENT
CORPORATION TO ENTER INTO A PURCHASE AND SALE AGREEMENT WITH
BENGAL ANNA PLAZA, LLC AND FAIZUR RAHMAN WITH A LEASEBACK FOR
PROPERTY OWNED BY BENGAL ANNA PLAZA, LLC.
FINANCIAL IMPACT:
BACKGROUND:
See Next Item
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Vibrant.
ATTACHMENTS:
Item No. 7.r.
City Council Agenda
Staff Report
Meeting Date: 12/9/2025
Staff Contact: Joey Grisham
AGENDA ITEM:
Consider/Discuss/Action on a Resolution approving a project of the Anna Community
Development Corporation to acquire property including entering into a purchase and
sale contract to acquire property near the intersection of Powell Pkwy. and FM 455, and
with a leaseback for property. (Director of Economic Development Joey Grisham)
SUMMARY:
This purchase will allow the CDC to redevelop the property in alignment with the
Downtown Master Plan.
• Purchase Price : $4,950,000.00
• Financing : Lump sum to be paid from CDC fund balance at the time of closing
• Earnest money in the amount of $10,000.00
• Closing to commence prior to the end of the year (May be extended if both parties
agree)
• Special Warranty Deed to be issued to the CDC at closing
• CDC to leaseback Bengal Property to Bengal Anna Plaza, LLC. for six full months
unless terminated sooner--$15,000 per month
FINANCIAL IMPACT:
$4,950,000 for the property but the CDC will receive $75,000 back in lease payments
over six months.
BACKGROUND:
The CDC Board of Directors is expected to vote on this item at their December 11,
2025, CDC/EDC Joint Board Meeting. Staff requests that Council's approval of this item
be subject to the CDC Board approval on December 11th.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Vibrant.
ATTACHMENTS:
1. Council Resolution - Coyote Den CDC Project
2. Exhibit A - Bengal Rahman PSA and Leaseback Agreement
CITY OF ANNA, TEXAS
RESOLUTION NO._______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS APPROVING A
PROJECT OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION INCLUDING A
PURCHASE AND SALE CONTRACT FOR PROPERTY OWNED BY BENGAL ANNA
PLAZA, LLC, AND FAIZUR RAHMAN LOCATED ALONG OR NEAR STATE HIGHWAY 5
AND A LEASEBACK OF THE BENGAL ANNA PLAZA, LCC, PROPERTY
WHEREAS, the City Council of the City of Anna, Texas (the “City Council”) anticipates
that the Anna Community Development Corporation (the “CDC”) Board of Directors will
consider a purchase and sale agreement in the form of a real estate contract including
provisions for a leaseback to obtain ownership of all or portions of certain real estate as
described in further detail in the Contract for Sale and Partial Leaseback of Real Property
attached hereto as Exhibit A (the “Project”); and
WHEREAS, the City Council finds that the Project will promote new or expanded business
development in and near the City of Anna, Texas;
NOW THEREFORE, BE IT RESOLVED BY CITY COUNCIL OF THE CITY OF ANNA,
TEXAS, THAT:
Section 1. Findings
Section 2. Approval of Project and Funding
ADOPTED AND APPROVED on this 9th day of December 2025.
CONTRACT FOR SALE AND PARTIAL LEASEBACK OF REAL PROPERTY PAGE 1
CONTRACT FOR SALE AND PARTIAL LEASEBACK OF REAL PROPERTY
This Contract for Sale and Partial Leaseback of Real Property (this “Agreement”) is made on the 20th day of
November 2025 by and amongst Bengal Anna Plaza, LLC, a Texas limited liability company with its principal place
of business at 551 Ambrym Dr, Fairview, TX 75069 (“Bengal”), Faizur Rahman, a natural person residing at 551
Ambrym Dr, Fairview, TX 75069 (“Rahman”) and the Anna Community Development Corporation, a Texas type b
Development Corporation located at 120 W. 7th Street, Anna, Texas 75409 (the “CDC”).
Recitals
Bengal is the owner of real property including the tract described below (the “Bengal Property”), located at
the street address commonly known as 699 S. Powell Parkway, Anna, Texas 75409, situated in the Henry Brantley
Survey, Abstract No. 71, in the City of Anna, Collin County, Texas, and being all of that called 0.44 acre tract of land,
described in deed to Bengal Anna Plaza, LLC, as recorded under Document No. 20211018002118710, of the Official
Public Records, Collin County, Texas, said tract being more particularly described in Exhibit A-1 attached to this
Agreement.
Bengal desires to sell and the CDC desires to purchase the Bengal Property in fee simple on the terms stated
below, with conveyance to be made by special warranty deed.
The CDC and Bengal desire that Bengal lease and occupy the Bengal Property (the “Bengal Leaseback”) for
a certain period of time after the CDC purchases the Bengal Property on the terms stated below and in the Bengal
Leaseback.
Rahman is the owner of real property including the tract described below (the “Rahman Property”), located
at the street address commonly known as 601 S. Powell Parkway, Anna, Texas 75409, situated in the Henry Brantley
Survey, Abstract No. 71, in the City of Anna, Collin County, Texas, and being all of that called 0.66 acre tract of land,
described in deed to Faizur Rahman, as recorded under Document No. 2023000119864, of the Official Public Records,
Collin County, Texas, said tract being more particularly described in Exhibit A-2 attached to this Agreement.
Rahman desires to sell and the CDC desires to purchase the Rahman Property in fee simple on the terms
stated below, with conveyance to be made by special warranty deed.
The Bengal Property and the Rahman Property are sometimes referred to collectively in this Agreement as
the “Property”.
The effective date of this Agreement is the date upon which this Agreement has been duly approved by the
City and has been executed by all parties named above (the “Effective Date”).
Bengal, Rahman and the CDC contract as follows incorporating the recitals set forth above:
Section 1.
Purchase Price/Earnest Money
The total cash purchase price of the Property (including both the Bengal Property and the Rahman Property)
is $4,950,000 (the “Purchase Price”) payable to Bengal and Rahman at Closing and thereafter to be divided between
Bengal and Rahman as they determine in their sole discretion except that Bengal and Rahman acknowledge that they
are separately obligated to pay their real estate broker, Rodney Blaukat of RE/MAX Signature Properties (“Sellers’
Broker”), from the Purchase Price paid at closing the amount of $50,000.00. Notwithstanding any provision of this
Agreement, the CDC shall have no obligation to pay any sum to Sellers’ Broker.
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CONTRACT FOR SALE AND PARTIAL LEASEBACK OF REAL PROPERTY PAGE 2
Section 2.
Title Company/Property Tax/Additional Obligations
2.1 On the execution of this Agreement, the CDC shall deliver a copy of same to Elevate Title. Attn: Tracy
Koonce, 604 W. White Street, Suite B, Anna, TX 75409 (the “Title Company”) along with Earnest Money in the
amount of $10,000 which shall be applied to the Purchase Price at Closing.
2.2 At Closing (as defined in Section VI of this Agreement), the CDC will pay the full amount of the Purchase
Price to Bengal and Rahman with the passing of title of the Property to the CDC as specified in this Agreement. The
Purchase Price shall be paid in U.S. dollars in the form of a cashier’s check or other form acceptable to Bengal and
Rahman.
2.3 Bengal shall be solely responsible to timely pay or cause to be paid all 2025 ad valorem taxes prorated for
the time period up until closing and all previous years’ ad valorem taxes on the Bengal Property. Rahman shall be
solely responsible to timely pay or cause to be paid all 2025 ad valorem taxes prorated for the time period up until
closing and all previous years’ ad valorem taxes on the Rahman Property.
2.4 At Closing, the CDC and Bengal shall enter into a leaseback agreement (the “Bengal Leaseback”) under
which the CDC shall lease the Bengal Property to Bengal to allow for its current use by Bengal to continue for six
months after the Closing, including Bengal’s right to collect and retain rent of any tenants leasing from Bengal on the
Property during said six-month time period.
Section 3.
Surveys/ Feasibility Period
3.1 Not later than December 5, 2025, the CDC, at its sole cost, will furnish the Title Company with a survey of
the Bengal Property and the Rahman Property. The survey shall be a current on-the-ground survey that substantially
complies with the requirements of a Category 1A, Condition I or II (as applicable) survey in the Manual of Practice
for Land Surveying in the State of Texas promulgated by the Texas Board of Professional Land Surveying, as
amended, and shall be adequate to enable the Title Company to delete the survey exception in the Title Policy (except
for “shortages in area”), at the CDC’s expense. If, for any reason, the Closing does not occur, the surveys referenced
herein shall remain the property of the CDC.
3.2 The CDC shall have fifteen (15) calendar days (the “Feasibility Review Period”) after the Effective Date in
which to conduct environmental testing, geotechnical borings and other studies of the Property as determined by the
CDC in its sole discretion and at its sole cost, and, in connection therewith, the CDC and its agents and contractors
shall have the right of entry onto the Property for such purposes. If the CDC determines, in its sole discretion, that the
Bengal Property and/or the Rahman Property is not suitable for the CDC’S intended use or purpose or for no reason
at all, the CDC shall have the right upon written notice to Bengal and Rahman within the Feasibility Review Period
to terminate this Agreement in which event the Earnest Money shall be fully and completely refunded to the CDC. If
the CDC terminates this Agreement in accordance with this Section 3.2, the parties shall have none of the obligations
set forth under Section 2 or otherwise set forth in this Agreement.
Section 4.
Titles and Title Investigation
4.1 Title Commitment. No later than December 12, 2025, the title officer shall have examined the abstracts
covering the Property and shall have furnished: (1) the CDC with a Title Commitment(s) for title to the Bengal
Property and the Rahman Property and legible copies of the instruments referenced in said Title Commitment. “Title
Commitment” means a Commitment for Issuance of a Title Policy, stating the condition of title to the Property. The
“effective date” stated in the Title Commitment must be after the Effective Date of this Agreement. “Title Policy”
means an Owner Policy of Title Insurance issued by Title Company, in conformity with the last Title Commitment
delivered to and approved by the respective parties to this Agreement. The CDC shall pay all costs associated with
any Title Commitment issued to the CDC under this Agreement.
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CONTRACT FOR SALE AND PARTIAL LEASEBACK OF REAL PROPERTY PAGE 3
4.2 Title Objections. Within seven (7) days of the date that the CDC receives the Title Commitment(s) (“Title
Objection Deadline”) the CDC shall have reviewed the Title Commitment(s) and CDC Survey and notify Title
Company of its objections to any of them (“Title Objections”). If the CDC notifies the title company of any Title
Objections, the then current owner of the tract in question has five (5) days from receipt of the Title Objections to
notify the CDC whether and to what extent the owner agrees to cure the Title Objections before Closing (“Cure
Notice”). If an owner does not timely provide its Cure Notice or timely gives its Cure Notice but does not agree to
cure all the Title Objections at least seven (7) days before Closing, the CDC may notify the owner that either this
Agreement is terminated or the CDC will proceed to close, subject to such objections, which the CDC shall accept
and to which the owner has no responsibility to cure.
4.3 Specific Obligations. Notwithstanding the foregoing or any other provision of this Agreement, the CDC shall
have the right to terminate this Agreement at any time before Closing if Bengal and/or Rahman—at least thirty days
before Closing—fail to provide certified, recorded releases of all the obligations listed below (collectively, the
“Specific Obligations”) in which event the Earnest Money shall be fully and completely refunded to the CDC.
Specific Obligation No. 1: Vendor's Lien securing the payment of one note in the principal amount of $2,381,000.00
recorded as Document No. 20210519001013530, Real Property Records, Collin County, Texas; corrected under
Clerk's File No. 20211018002118710, Real Property Records, Collin County,
Texas.
Specific Obligation No. 2: Deed of Trust recorded as Document No. 20210519001013540, Real Property Records,
Collin County, Texas.
Specific Obligation No. 3: Assignment of Rents recorded as Document No. 20210519001013550, Real Property
Records, Collin County, Texas.
Specific Obligation No. 4: Subordination Agreement recorded as Document No. 20210519001013560, Real
Property Records, Collin County, Texas.
Specific Obligation No. 5: Lessee's Assignment of Lease and Subordination recorded as Document No.
20210519001013570, Real Property Records, Collin County, Texas.
Specific Obligation No. 6: Vendor's Lien securing the payment of one note in the principal amount of $350,000.00
recorded as Document No. 2023000119864, Real Property Records, Collin County, Texas.
Specific Obligation No. 7: Deed of Trust recorded as Document No. 2023000119865, Real Property Records, Collin
County, Texas.
Specific Obligation No. 8: Assignment recorded as Document No. 2023000130189, Real Property Records, Collin
County, Texas.
Specific Obligation No. 9: Landlord’s Subordination Agreement recorded as Document No. 2025000101459, Real
Property Records, Collin County, Texas.
Specific Obligation No. 10: Deed of Trust, Security Agreement and Financing Statement recorded as Document No.
2025000102770, Real Property Records, Collin County, Texas.
Specific Obligation No. 11: Assignment of Leases and Rent recorded as Document No. 2025000102771, Real
Property Records, Collin County, Texas.
Specific Obligation No. 12: Any and all additional obligations that would make title to all or any part of the Property
unmarketable or encumber or cloud the title in any manner, including but not limited to any and all liens, deeds of
trust, notes, claims, assignments, subordination agreements, leases (except those leases expressly permitted under this
Agreement), security agreements, or any other encumbrance that could give rise to a claim against the Property or any
part thereof due to any type of debt or other obligations.
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CONTRACT FOR SALE AND PARTIAL LEASEBACK OF REAL PROPERTY PAGE 4
Section 5.
Leaseback and Existing Leases
5.1 Simultaneously with Closing and transfer of title of the Bengal Property to the CDC, Bengal and the CDC
shall execute and deliver the Leaseback of the Bengal Property with CDC as lessor and Bengal as lessee, in the form
and content set forth in Exhibit B attached to this Agreement (the “Bengal Leaseback”). The Bengal Leaseback shall
terminate upon the expiration of six full months after the month in which Closing occurs or earlier if terminated earlier
in accordance with the terms of the Bengal Leaseback.
5.2 Bengal represents and warrants that it is the sole owner of the Bengal Property and agrees that Bengal shall
indemnify and hold the CDC harmless from any claim by any person or entity claiming any right(s) under any lease,
leasehold interest, or other possessory interest in the Bengal Property and/or any events or incidents occurring on the
Bengal Property until such time as the Bengal Leaseback terminates. Nothing in this Agreement shall be construed to
limit, restrict, or otherwise modify any obligations including without limitation indemnification or hold harmless
provisions set forth in the Bengal Leaseback. In the event of any conflict between this Agreement and the Bengal
Leaseback, the Bengal Leaseback will control.
Section 6.
Closing of Title
The Closing of the purchase, sale, and transfer of the Property to the CDC under the terms of this Agreement
(“Closing”) shall occur on or before December 31, 2025 or this Agreement shall terminate; provided, however, that
the Closing may be extended to a date after December 31, 2025 if mutually agreed upon in writing. Each party shall
pay their own closing costs and attorney fees related to these transactions.
Section 7.
Miscellaneous
7.1 Notices. Any notice required by or permitted under this Agreement must be in writing. Any notice required
by this Agreement will be deemed to be delivered (whether actually received or not) when deposited with the United
States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient
at the address shown in this Agreement. Notice may also be given by regular mail, personal delivery, courier delivery
and will be effective when actually received. Any address for notice may be changed by written notice delivered as
provided herein.
To the CDC:
Anna Community Development Corporation
120 W. 7th Street
Anna, Texas 75409
With a copy to:
Clark McCoy
Wolfe, Tidwell & McCoy, LLP
2591 Dallas Parkway, Suite 300
Frisco, Texas 75034
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CONTRACT FOR SALE AND PARTIAL LEASEBACK OF REAL PROPERTY PAGE 5
To Bengal:
Bengal Anna Plaza, LLC
551 Ambrym Dr,
Fairview, TX 75069
To Rahman:
Faizur Rahman
551 Ambrym Dr,
Fairview, TX 75069
7.2 Entire Contract. This Agreement, together with its recitals, exhibits, and any documents required to be
delivered at Closing constitute the entire agreement of the parties concerning the purchase and sale of the real property
subject to sale, purchase, exchange, and leasebacks hereunder. There are no oral representations, warranties,
agreements, or promises pertaining to the subject of this Agreement not incorporated in writing in this Agreement.
7.3 Amendment. This Agreement may be amended only by an instrument in writing signed by all parties.
7.4 Assignment. This Agreement shall not be assigned by either party without the other party’s written consent
for assignment to a specific buyer.
7.5 Survival. Unless otherwise stated herein, the obligations of this Agreement that cannot be performed before
termination of this Agreement or before Closing will survive termination of this Agreement or Closing, and the legal
doctrine of merger will not apply to such obligations.
7.6 Choice of Law; Venue; Alternative Dispute Resolution. This Agreement will be construed under the laws
of the state of Texas, without regard to choice-of-law rules of any jurisdiction. Exclusive venue for any dispute arising
under, in connection with, or in any manner related to this Agreement is in Collin County, Texas. Time permitting,
the parties will submit in good faith to a nonbinding alternative dispute resolution process (mediation) before filing a
suit concerning this Agreement. The parties shall not under any circumstances be required to submit any dispute to
arbitration.
7.7 Waiver of Default. It is not a waiver of default if the nondefaulting party fails to declare or delays declaring
a default or delays taking any other action with respect to the default.
7.8 No Third-Party Beneficiaries. There are no third-party beneficiaries of this Agreement.
7.9 Severability. The provisions of this Agreement are severable. If a court of competent jurisdiction finds that
any provision of this Agreement is unenforceable, the remaining provisions will remain in effect without the
unenforceable parts.
7.10 Ambiguities Not to Be Construed against Party Who Drafted Contract. The rule of construction that
ambiguities in a document will be construed against the party who drafted it will not be applied in interpreting this
Agreement.
7.11 No Special Relationship. The parties’ relationship is an ordinary commercial relationship, and they do not
intend to create the relationship of principal and agent, partnership, joint venture, or any other special relationship.
7.12 Counterparts. If this Agreement is executed in multiple counterparts, all counterparts taken together will
constitute this Agreement.
7.13 Confidentiality. The parties will keep confidential this Agreement, this transaction, and all information
learned in the course of this transaction, except to the extent disclosure is required by law or court order or to enable
third parties to advise or assist a party to investigate title or either party to close this transaction.
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CONTRACT FOR SALE AND PARTIAL LEASEBACK OF REAL PROPERTY PAGE 6
7.14 Attorneys' Fees. The prevailing party in any proceeding brought to enforce this Agreement, or brought
relating to the transaction contemplated by this Agreement, will be entitled to recover, from the non-prevailing party,
court costs, reasonable attorneys' fees and all other reasonable related expenses.
7.15 Contract as Offer. The execution of this Agreement by the first party to do so constitutes an offer to purchase
or sell the Property. If the other party does not accept that offer by signing this Agreement and delivering a fully
executed copy to the first party within ten (10) days after the date this Agreement is executed by the first party, then
the first party may withdraw that offer by delivering a written notice to the other party.
7.16 Commission. Except as expressly set forth in this Agreement, the parties hereby represent to each other that
neither has entered into any agreement or understanding that would give rise to a real estate commission being owed
in connection with this Agreement or the conveyance or lease of any property, and each of the parties shall indemnify
and hold the other harmless against any commission, payment, interest or participation claimed on account of this
Agreement with any party under any alleged agreement or understanding entered into on that party’s behalf with the
person or entity claiming the commission, payment, interest or participation.
In witness of their agreement, the parties have executed this Agreement on the date(s) shown below.
ANNA COMMUNITY DEVELOPMENT CORPORATION,
a Texas Type B Development Corporation
By: ___________________________________________
Printed Name: _____________________________
Title: ____________________________
Date: __________________
STATE OF TEXAS §
§
COUNTY OF COLLIN §
Before me, the undersigned notary public, on the ____ day of ____________ 2025, personally appeared
________________________ known to me (or proved to me) to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he executed the same in his capacity as ____________ and on
behalf of ______________.
_________________________________
Notary Public, State of Texas
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CONTRACT FOR SALE AND PARTIAL LEASEBACK OF REAL PROPERTY PAGE 7
BENGAL ANNA PLAZA, LLC,
a Texas limited liability company
By:__________________________________
Faizur Rahman, its Manager and Owner
STATE OF TEXAS §
§
COUNTY OF COLLIN §
Before me, the undersigned notary public, on the ____ day of ____________ 2025, personally appeared
Faizur Rahman known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument
and acknowledged to me that he executed the same in his capacity as Manager and Owner of Bengal Anna Plaza,
LLC, and that all representations made by Faizur Rahman in the foregoing instrument are true and correct.
_________________________________
Notary Public, State of Texas
FAIZUR RAHMAN,
an individual natural person
_________________________________
Faizur Rahman
STATE OF TEXAS §
§
COUNTY OF COLLIN §
Before me, the undersigned notary public, on the ____ day of ____________ 2025, personally appeared
Faizur Rahman known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument
and acknowledged to me that he executed the same and that all representations made by Faizur Rahman in the
foregoing instrument are true and correct.
_________________________________
Notary Public, State of Texas
Title Company Receipt
Title Company acknowledges receipt of a copy of this Agreement executed by Bengal, Rahman, and the
CDC.
Elevate Title LLC
By: ___________________
Tracy Koonce
Date: ________________, 2025.
Faizur Rahman dotloop verified
11/24/25 4:32 PM CST
TCK5-TZRS-QHZ8-EYUN
Faizur Rahman dotloop verified
11/24/25 4:32 PM CST
GGEY-QEYF-PASD-BZOM
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Exhibit A-1
Legal Description of Bengal Property
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Exhibit A-2
Legal Description of Rahman Property
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Exhibit B
Bengal Leaseback
BENGAL LEASEBACK AGREEMENT PAGE 1
LEASEBACK AGREEMENT
THIS LEASEBACK AGREEMENT (this “Lease”) is entered into by and between the Anna Community
Development Corporation, a Texas type-b corporation (“Landlord”) and Bengal Anna Plaza, LLC, a Texas limited
liability company (“Tenant”). For valuable consideration the parties agree and act as follows:
1. Definitions. The following terms have the meanings set forth below:
(a) Board of Directors. The Board of Directors of the Anna Community Development Corporation.
(b) Conveyance Agreement. That certain Contract for Sale and Leaseback of Real Property under
which fee simple title to the Property is sold and conveyed by Tenant to Landlord
(c) Effective Date. The effective date of this Lease and the date upon which this Lease shall take effect
is the date of the Closing, as that term is defined in Section VI of the Conveyance Agreement.
(d) Lease Term. Unless terminated sooner in accordance with the terms of this Lease, a term
commencing upon conveyance of the Property from Tenant to Landlord (“Conveyance Date”) under the
Conveyance Agreement and ending on the expiration of the last day of the month that is six full months after the
month during which the Conveyance Date occurred.
(e) Leased Premises. The Leased Premises is located in the City of Anna, Collin County, Texas and
solely includes: a tract of real property, including without limitation all buildings, structures, and other
improvements located thereon, situated in the Henry Brantley Survey, Abstract No. 71, in the City of Anna, Collin
County, Texas, and being all of that called 0.44 acre tract of land, described in deed to Bengal Anna Plaza, LLC, as
recorded under Document No. 20211018002118710, of the Official Public Records, Collin County, Texas, said tract
being more particularly described in Exhibit 1.
(f) Permittees. All officials, officers, directors, sublessees, employees, agents, contractors, customers,
visitors, persons, and invitees of Tenant at the Leased Premises.
(g) Permitted Exceptions. The conditions, restrictions, easements and encumbrances, if any, affecting
title to the Leased Premises set forth in the owner’s title of policy insurance obtained by Landlord pursuant to the
Conveyance Agreement.
(h) Property. The real property that has the same boundaries as the Leased Premises.
(i) Specific Use. The use by Tenant or a sublessee of Tenant of the Leased Premises or a portion thereof
solely as the site of a convenience store and/or other uses permitted by applicable zoning ordinance of the City of
Anna, Texas (the “City”) provided that a validly issued certificate(s) of occupancy for any such use is obtained from
the City.
2. Demise, Lease Term.
(a) Demise and Grant of Leased Premises. Landlord hereby leases to Tenant and Tenant accepts from
Landlord under the terms, provisions and conditions of this Lease the Leased Premises solely for the Specific Use
commencing on the Effective Date hereof and continuing until the expiration of the Lease Term or earlier
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termination as hereinafter provided. The Lease Term and this Lease shall automatically expire immediately if: (1)
the Leased Premise is used for any purpose other than the Specific Use; or (2) the Specific Use is not continued for a
period of more than 30 consecutive days.
(b) Quiet Enjoyment. Upon Tenant’s payment of all rent hereunder as same becomes due and
observance and performance of the covenants, terms and conditions to be observed and performed by Tenant
pursuant to this Lease, Tenant shall have throughout the Lease Term, peaceful, quiet and undisturbed use and
possession of the Leased Premises solely for the Specific Use and all rights and privileges appertaining thereto,
subject to the terms, conditions and provisions of this Lease.
(c) Landlord’s Title, Subordination. Landlord covenants, represents and warrants to Tenant as follows:
(1) Title. Landlord hereby represents and warrants that it owns good and indefeasible fee simple
title in and to the Leased Premises, subject only to the Permitted Exceptions, and has full right and authority to make
this Lease.
(2) No Actions. To the best of Landlord’s knowledge, there are no actions, suits or proceedings
pending or threatened against Landlord and affecting any portion of the Leased Premises, at law or in equity, or
before any federal, state, municipal or other governmental court, department, commission, board, bureau, agency or
instrumentality, domestic or foreign.
(3) Authority. The execution and consummation of this Lease by Landlord has been duly
authorized and does not result in a breach of any of the terms or provisions of, or constitute a default under, any
indenture, agreement, instrument or obligation to which Landlord is a party or by which the Leased Premises or any
portion thereof is bound. However, notwithstanding the foregoing or any term or provision of this Lease, any and all
rights and obligations of Landlord and Tenant hereunder are subject to and shall not be effective unless and until
there has been formal approval or conditional approval by the Board of Directors of this Lease at a duly noticed
public meeting.
(d) Condition of Leased Premises. TENANT UNDERSTANDS AND ACKNOWLEDGES ITS
ACCEPTANCE OF THE LEASED PREMISES IS WITHOUT RECOURSE, REPRESENTATION OR
WARRANTY (EXCEPT AS SPECIFICALLY SET OUT HEREIN) OF ANY KIND, EXPRESS, IMPLIED OR
STATUTORY AND LANDLORD IS LEASING THE LEASED PREMISES AS IS, WHERE IS, AND WITH ALL
FAULTS, AND WITHOUT REPRESENTATIONS OR WARRANTY (ALL OF WHICH LANDLORD HEREBY
DISCLAIMS) AS TO FITNESS FOR ANY PARTICULAR PURPOSE, MERCHANTABILITY, DESIGN,
QUALITY, LAYOUT, FOOTAGE, PHYSICAL CONDITION, OPERATION, COMPLIANCE WITH
SPECIFICATIONS, ABSENCE OF LATENT DEFECTS, OR COMPLIANCE WITH LAWS AND
REGULATIONS. TENANT HEREBY ASSUMES ALL RISK AND LIABILITY (AND AGREES THAT
LANDLORD SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, OR
OTHER DAMAGES) RESULTING OR ARISING FROM OR RELATING TO THE OCCUPANCY,
CONSTRUCTION, USE, CONDITION, LOCATION, MAINTENANCE, REPAIR, OR OPERATION OF THE
LEASED PREMISES. TENANT ACKNOWLEDGES THAT TENANT HAS INSPECTED THE LEASED
PREMISES AND ACCEPTS THE LEASED PREMISES “AS IS,” “WHERE IS,” AND “WITH ALL FAULTS.”
3. Rent. Tenant shall pay Landlord the following amounts:
(a) Rent.
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(1) Tenant shall pay to Landlord as rent (“Rent”) to occupy the Leased Premises for the
duration of the Lease Term, $15,000 per month or partial month (with no proration), with the first payment
due on the fifth day after the Conveyance Date and the additional payments due on the fifth day of each full
month following the month in which the Conveyance Date occurs.
(2) If for any reason the Tenant occupies or possesses the Leased Premises or any portion
thereof after the expiration of the Lease Term for any reason, the Rent shall increase to $25,000 per month
or partial month (with no proration) due on the fifth day of each month beginning with the month following
expiration of the Lease Term.
4. Improvements, Additions and Repairs.
(a) Delivery of Leased Premises. Landlord shall deliver exclusive possession of the Leased Premises to
Tenant upon the beginning of the Lease Term, subject only to the provisions and terms of this Lease and the
Permitted Exceptions.
(b) Alterations and Improvements. With the exception of signs erected in conformance with applicable
laws and ordinances, and construction of Improvements as approved in writing by Landlord and, set forth on one or
more site plans submitted to and formally approved by the Board of Directors during a duly posted meeting, and
constructed in accordance with construction plans submitted to and approved in writing by the City or City staff,
Tenant may not at any time construct, alter, change, expand any Improvements now or hereafter situated on the
Leased Premises. If any such new construction by Tenant is at any time approved:
(1) All such work shall be performed in a good and workmanlike manner, in accordance with
accepted standards of engineering and architecture, if applicable, and in accordance with local, state and federal law,
including but not limited to the Americans with Disabilities Act; and
(2) Such construction, alteration, additions, changes or demolishment shall be in compliance
with all applicable building codes, zoning, rules, regulations and ordinances affecting construction of such
alterations, additions, and changes and shall be commenced only after Tenant has been duly granted all legally
required permits for same.
(c) No Mechanic’s Liens. Tenant shall not permit any mechanic’s or materialman’s liens to be filed
against Landlord’s interest in the Leased Premises arising out of the Tenant Improvements, and TENANT SHALL
INDEMNIFY, DEFEND (USING COUNSEL ACCEPTABLE TO LANDLORD IN ITS REASONABLE
DISCRETION), AND HOLD HARMLESS LANDLORD FROM AND AGAINST ANY COSTS, LIABILITY OR
EXPENSE, INCLUDING ATTORNEYS FEES AND RELATED EXPENSES, ATTRIBUTABLE TO ANY SUCH
LIENS OR THE REMOVAL OF SAME. Tenant’s obligations under this paragraph 4(c) shall expressly survive the
expiration or earlier termination of this Lease.
(d) Legal/Environmental. Tenant or any sublessee of Tenant shall use the Leased Premises solely for the
Specific Use, shall conduct its business in a lawful manner and shall not make or permit any unlawful use or
condition of the Leased Premises. Tenant will, at its own expense, promptly comply with all laws, regulations, and
ordinances affecting the Leased Premises and the cleanliness, safety, occupancy, and use thereof. TENANT SHALL
INDEMNIFY, DEFEND (USING COUNSEL ACCEPTABLE TO LANDLORD IN ITS REASONABLE
DISCRETION) AND HOLD HARMLESS LANDLORD FROM AND AGAINST ANY COST, LIABILITY OR
EXPENSE ARISING OUT OF OR ATTRIBUTABLE TO ANY CLAIMS, DEMANDS, CAUSES OF ACTION,
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FINES, PENALTIES, LIABILITY OR EXPENSES (INCLUDING ATTORNEY FEES, RELATED EXPENSES,
AND COURT COSTS) ARISING OUT OF OR RELATED TO THE EXISTENCE, REMOVAL OR DISPOSAL
OF ANY TOXIC OR HAZARDOUS SUBSTANCES OR MATERIALS WITHIN OR UPON THE LEASED
PREMISES CAUSED BY TENANT, ITS EMPLOYEES, OFFICERS, AGENTS, SUBLESSEES OR
REPRESENTATIVES BEFORE OR DURING THE LEASE TERM. FOR PURPOSES HEREOF, THE PHRASE
“TOXIC OR HAZARDOUS SUBSTANCES OR MATERIALS” SHALL INCLUDE ITEMS COVERED BY THE
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT OF 1980, 42
U.S.C. §§9601-75(1986), AS AMENDED BY THE SUPERFUND AMENDMENT AND REAUTHORIZATION
ACT, PUB. L. NO. 99-499, 100 STAT. 1613 (1986) (“CERCLA”), THE TOXIC SUBSTANCES CONTROL ACT,
15 U.S.C. §2601 ET SEQ., THE CLEAN WATER ACT, 33 U.S.C. §1251 ET SEQ., THE SAFE DRINKING
WATER ACT, 42 U.S.C. §§300(f)-300(j), AND OTHER FEDERAL, STATE AND LOCAL LAWS NOW OR
HEREAFTER IN EFFECT GOVERNING THE EXISTENCE, REMOVAL OR DISPOSAL OF TOXIC OR
HAZARDOUS SUBSTANCES OR MATERIALS. Tenant’s obligations under this paragraph 4(d) shall expressly
survive the expiration or earlier termination of this Lease.
(e) Repairs. Tenant shall, at its sole cost and expense, perform all repairs and preventative maintenance
necessary to maintain the Leased Premises in good condition and repair, ordinary wear and tear excepted, and keep
the Leased Premises in compliance with applicable law throughout the Lease Term. The foregoing shall not in any
way impair or limit Tenant’s right to make alterations or additions to the Leased Premises as set forth in paragraph
4(b) above. Tenant’s obligations under this paragraph 4(e) shall expressly survive the expiration or earlier
termination of this Lease.
(f) Tenant’s Fixtures. Notwithstanding any provision of this Agreement, Tenant may install in or upon
the Leased Premises such trade fixtures and equipment as Tenant deems desirable, provided that Tenant does so in
accordance with a written plan demonstrating the size and configuration of such fixtures and equipment upon the
Leased Premises. All of said items shall remain Tenant’s property whether or not affixed or attached to the Leased
Premises. Tenant may remove such items from the Leased Premises at any time during the Lease Term. Nothing
contained in this paragraph 4(f) shall diminish Tenant’s obligations to maintain the Leased Premises pursuant to
paragraph 4(e).
(g) Platting, Site Plans, Approvals. Landlord and Tenant acknowledge that it may be necessary, from
time-to-time, for Landlord or Tenant to seek governmental approvals with respect to platting, zoning, site plans,
permitting and/or obtaining other permits in connection with its use and occupancy of the Leased Premises for the
uses permitted hereby (collectively, “Approvals”). Landlord agrees to reasonably cooperate with Tenant and Tenant
agrees to reasonably cooperate with Landlord with respect to its obtaining the Approvals and to execute such
documents as may be required in order for Landlord and/or Tenant to obtain such Approvals. Tenant expressly
understands and agrees that approval by the Board of Directors of this Lease does not constitute the Board of
Directors’ granting of an Approval and does not bind the Board of Directors to grant or approve any other
Approvals.
5. Utilities. Tenant shall at its own expense arrange with the appropriate utility suppliers for services to the
Leased Premises, pay all connection, meter and service charges and deposits required to connect utilities to the
Leased Premises, and pay such utility suppliers directly for such services. Landlord shall not pay any sum in
connection with utility installation or service on the Leased Premises.
6. Use, Transfers, or Assignments.
(a) Tenant’s Use. Except as prohibited or restricted by the Permitted Exceptions, Tenant may use the
Leased Premises solely for the Specific Use, provided that such purpose and use is in conformity with all applicable
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site plans, zoning, and Approvals, and other restrictions set forth in this Lease and which may otherwise apply to the
Leased Premises.
(b) Assignment, Subletting. Tenant shall not assign all or any part of this Lease or sublet all or any part
of the Leased Premises without Landlord’s written consent, which shall not be unreasonable withheld; provided,
however, that Tenant may sublease the Leased Premises to any establishment that leases space anywhere on the
Leased Premises as of the Effective Date for the Specific Use, which such sublease shall: (1) be in a written form
approved by Landlord without unreasonable denial or delay; and (2) terminate automatically at the expiration of the
Lease Term or earlier termination as provided in this Agreement. In the case of any assignment or sublease
permitted by Landlord, Tenant shall not be released from any liability.
7. Indemnification, Insurance.
(a) INDEMNIFICATION. IN ADDITION TO AND CUMULATIVE OF ANY OTHER PROVISIONS
OF THIS LEASE, TENANT SHALL INDEMNIFY, HOLD HARMLESS, AND, AT LANDLORD’S OPTION,
DEFEND (USING COUNSEL ACCEPTABLE TO LANDLORD IN ITS REASONABLE DISCRETION)
LANDLORD AND ITS OFFICIALS, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES
(COLLECTIVELY, THE “INDEMNIFIED PARTIES”) FROM AND AGAINST ANY AND ALL LIABILITY,
LIENS, CLAIMS, DEMANDS, DAMAGES, EXPENSES, FEES, COSTS, REASONABLE ATTORNEY FEES
AND RELATED EXPENSES AND LITIGATION COSTS, FINES, PENALTIES, SUITS, PROCEEDINGS,
ACTIONS AND CAUSES OF ACTION OF ANY AND EVERY KIND AND NATURE ARISING OUT OF OR
RELATING IN ANY WAY TO TENANT’S USE, OCCUPANCY, CONSTRUCTION, MANAGEMENT,
CONTROL OR SUBLEASE OF THE LEASED PREMISES, IMPROVEMENTS, REPAIR, OR TENANT’S
OPERATIONS, CONDUCT OR ACTIVITIES, UNLESS AND TO THE EXTENT THE SAME IS DUE TO THE
NEGLIGENCE, GROSS NEGLIGENCE, OR INTENTIONAL ACTS OR OMISSIONS OF LANDLORD, ITS
AGENTS, EMPLOYEES OR CONTRACTORS. TENANT’S OBLIGATIONS UNDER THIS PARAGRAPH 7(a)
SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THE LEASE TERM.
(b) Tenant’s Insurance. Tenant shall, at its expense, obtain comprehensive general liability insurance
against all claims on account of bodily injury, personal injury or property damage, for which Tenant may, as a result
of its operations or other use of the Leased Premises, become liable. At a minimum, the insurance policies to be held
by the Tenant shall be in effect at all times during the Lease Term, and shall include general liability insurance
including personal injury liability, premises operations liability, and contractual liability, covering, but not limited
to, the liability assumed under the indemnification and hold-harmless provisions of this Agreement, with limits of
liability for bodily injury, death and property damage of not less than $1,000,000.00. Coverage must be on a “per
occurrence” basis. All such insurance shall: (i) be issued by a carrier which is rated “A 1” or better by A.M. Best’s
Key Rating Guide and licensed to do business in the State of Texas; and (ii) name the Landlord as an additional
insured and contain a waiver of subrogation endorsement in favor of the Landlord. Upon request by the Landlord,
the Tenant shall provide to the Landlord certificates of insurance evidencing such insurance coverage together with
the declaration of such policies, along with the endorsement naming the Landlord as an additional insured. Each
such policy shall provide that, at least 30 days prior to the cancellation, non-renewal or modification of the same, the
Landlord shall receive written notice of such cancellation, non-renewal or modification.
(c) Workers Compensation. Tenant shall maintain workers compensation or similar insurance affording
not less than Texas statutory coverage minimums and providing not less than statutory limits or benefits for all
employees of Tenant employed at the Leased Premises during the Lease Term.
(d) Scope. The insurance policies or duly executed certificates thereof, together with satisfactory
evidence that the premium has been paid, shall be provided to Landlord on or before the Effective Date of this
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Lease; and, thereafter, evidence of continuing insurance and timely premium payments shall be delivered to
Landlord not less than 30 days prior to the expiration of each policy required to be in force hereunder. If Tenant fails
to maintain the required insurance or to deliver evidence of same this Lease will continue in full force and effect;
provided, however, that Landlord may, but shall not be obligated to, obtain such insurance and be reimbursed by
Tenant upon demand.
(e) Waiver of Subrogation. Landlord shall not be liable by way of subrogation or otherwise to Tenant or
to any insurance company insuring Tenant for any loss or damage to any of the property of the Landlord or Tenant
covered by insurance even though such loss or damage might have been occasioned by the negligence of: (1)
Landlord or its officers, directors, employees, agents, contractors, customers, or visitors and invitees of Landlord at
the Leased Premises; or (2) Tenant or its Permittees. This waiver shall be in effect only so long as the applicable
insurance or risk pool policies shall contain a clause or endorsement to the effect that the waiver shall not affect the
right of the insured to recover under such policies. Tenant shall use its best efforts, including payment of any
additional premium, to have its insurance policies contain the standard waiver of subrogation clause. In the event
Tenant’s insurance carrier declines to include in such carrier’s policies a standard waiver of subrogation clause,
Tenant shall promptly notify Landlord.
8. Destruction, Condemnation.
(a) Destruction.
(1) Cancellation. If any portion of the Improvements situated on the Leased Premises shall be
damaged or destroyed, this Lease shall continue in full force and effect and shall not be affected thereby.
(2) Restoration. In the event of unintended damage or destruction, Tenant shall remove any
debris and cause the Leased Premises to be repaired or restored as Landlord may permit in writing, but in any event
the Leased Premises shall be repaired or restored to a safe and sightly condition in compliance with all applicable
laws.
(3) Insurance Proceeds. All of Tenant’s insurance proceeds payable with respect to damage or
destruction of the Improvements shall be retained by and be the property of Tenant.
(b) Condemnation.
(1) Taking. In the event of a taking by the power of eminent domain or conveyance in lieu
thereof (“Taking”) of the whole or any part of the Leased Premises, this Lease shall terminate as to the portion so
taken but shall remain in full force and effect as to the balance of the Leased Premises.
(2) Awards. All compensation awarded for any Taking of the Leased Premises, including any
interest of Landlord or Tenant therein, shall be the property of Landlord, and Tenant hereby assigns to Landlord all
of Tenant’s rights, title and interest in and to any and all such compensation.
(3) Restoration. If there is a Taking of all or part of the Leased Premises, Tenant, at its sole
discretion and expense, shall restore and rebuild the Leased Premises, in such manner as Landlord may permit in
writing, provided that the same shall be in accordance with all applicable laws.
9. General Provisions.
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(a) Notice. “Notice” shall mean any notice, notification, consent, approval, request, designation, submission,
specification, election or other communication required or permitted under this Lease. All notices required by or
permitted under this Agreement must be in writing. Any notice required by this Agreement will be deemed to be
delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid,
certified mail, return receipt requested, and addressed to the intended recipient at the address shown in this Agreement.
Notice may also be given by regular mail, personal delivery, courier delivery and will be effective when actually
received. Any address for notice may be changed by written notice delivered as provided herein.
To the CDC:
Economic Development Director
City of Anna, Texas
120 W. 7th Street
Anna, Texas 75409
With a copy to:
Clark McCoy
Wolfe, Tidwell & McCoy, LLP
2591 Dallas Parkway, Suite 300
Frisco, Texas 75034
To Tenant:
Bengal Anna Plaza, LLC
551 Ambrym Dr,
Fairview, TX 75069
(b) Entire Agreement. This Lease embodies the entire agreement and understanding between the parties
as to the lease of the Leased Premises by Tenant and supersedes all prior negotiations, agreements and
understandings pertaining to such lease. Any provision of this Lease may be modified, waived or discharged only by
an instrument in writing signed by the party against which enforcement of such modification, waiver or discharge is
sought. This Lease is not intended to be nor shall it be construed as a service contract or contract for the sale of
goods by Landlord to Tenant. Landlord does not by entering into this Lease waive any immunities it may have under
common law or statute.
(c) Commission. Tenant and Landlord hereby represent to each other that neither has entered into any
agreement or understanding that would give rise to a real estate commission being owed in connection with this
Lease, and each of Landlord and Tenant shall indemnify and hold the other harmless against any commission,
payment, interest or participation claimed on account of this Lease with any party under any alleged agreement or
understanding entered into on that party’s behalf with the person or entity claiming the commission, payment,
interest or participation.
(d) Force Majeure. Each party shall be excused from performing an obligation or undertaking provided
for in this Lease for so long as such performance is prevented, delayed, retarded or hindered by an Act of God, fire,
earthquake, flood, explosion, action of the elements, war, invasion, insurrection, riot, mob violence, sabotage, strike,
lockout, action of labor unions, requisitions, laws, or orders of government or civil or military authorities.
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(e) Surrender. Upon the expiration of the Lease Term or earlier termination of this Lease, Tenant shall
surrender the Leased Premises to Landlord. Tenant shall remove all Personal Property, which are not fixtures (other
than trade fixtures installed by Tenant, which Tenant may remove. All other installations or improvements,
including all infrastructure, structures, buildings, HVAC equipment, paneling, partitions, railings, mezzanine floors,
and galleries made by either party shall be and become upon installation, the property of Landlord and shall be
surrendered with the Leased Premises at the expiration or termination of this Lease unless Landlord notifies Tenant
to the contrary in writing, in which event Tenant may remove such property at its expense. Any property not
promptly removed by Tenant under the provisions of this subparagraph may, at Landlord’s option, be deemed to
have been abandoned by Tenant and may be retained by Landlord without any claim by Tenant. Tenant shall in any
event repair any damage to the Leased Premises caused by Tenant’s removal of any property.
(f) Applicable Law, Construction. The laws of the State of Texas shall govern the validity, performance
and enforcement of this Lease. Any dispute arising from, growing out of, or in connection with this Lease shall be
filed in a State District Court in Collin County, Texas. The invalidity or unenforceability of any provision of this
Lease shall not affect or impair any other provision. If any provision of this Lease is capable of two constructions,
one of which would render the provision invalid and the other of which would make the provision valid, the
provision shall have the meaning which renders it valid. The submission of this document for examination does not
constitute an offer to lease, this document being effective only upon the conditions stated herein.
(g) Time of the Essence. Time is of the essence with respect to each provision, term and covenant of this
Lease.
(h) Captions. The captions are for convenience and do not limit or define the provisions of this Lease.
(i) Gender, Number. Whenever the sense of this Lease requires it, the use of (1) singular number shall
be deemed to include the plural, (2) the masculine gender shall be deemed to include the feminine or neuter gender,
and (3) the neuter gender shall be deemed to include the masculine and feminine gender.
(j) Counterparts. This Lease may be executed in multiple counterparts, each of which shall be an
original, but all of which shall constitute one instrument.
(k) Contract Interpretation. This Lease is the result of negotiation between the parties, and shall, in the
event of any dispute over the meaning or application of any portion thereof, be interpreted fairly and reasonably, and
not to be more strictly construed against one party than another, regardless of which party originally drafted the
language in dispute.
(l) No Joint Venture. It is acknowledged and agreed by the parties that the terms hereof are not intended
to and shall not be deemed to create a partnership or joint venture among the parties.
(m) Binding Effect. All provisions of this Lease shall be binding upon and inure to the benefit of the
parties and their respective successors and permitted assigns.
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LANDLORD:
ANNA COMMUNITY DEVELOPMENT CORPORATION
By: ___________________________________________
Printed Name: _____________________________
Title: ____________________________
Date: __________________
STATE OF TEXAS §
§
COUNTY OF COLLIN §
Before me, the undersigned notary public, on the ____ day of ____________, 2025, personally appeared
________________________ known to me (or proved to me) to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he executed the same in his capacity as ____________ and on
behalf of ______________.
_________________________________
Notary Public, State of Texas
TENANT:
BENGAL ANNA PLAZA, LLC,
a Texas limited liability company
By:__________________________________
Faizur Rahman, its Manager and Owner
STATE OF TEXAS §
§
COUNTY OF COLLIN §
Before me, the undersigned notary public, on the ____ day of ____________ 2025, personally appeared
Faizur Rahman known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument
and acknowledged to me that he executed the same in his capacity as Manager and Owner of Bengal Anna Plaza,
LLC.
_________________________________
Notary Public, State of Texas
Faizur Rahman dotloop verified
11/24/25 4:32 PM CST
XHGH-81UD-8AE7-EAM6
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Exhibit 1
Leased Premises
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Item No. 7.s.
City Council Agenda
Staff Report
Meeting Date: 12/9/2025
Staff Contact: Natasha Roach
AGENDA ITEM:
Consider/Discuss/Action on a Resolution approving a project of the Anna Economic
Development Corporation including entering into a Purchase and Sale Contract to
acquire property near the intersection of Hackberry Drive and N. Powell Pkwy.
(Assistant Director of Economic Development Natasha Roach)
SUMMARY:
The Anna Economic Development Corporation and the Greer family have reached
terms regarding the sale of the property located at 504 Powell Parkway. The terms of
the contract are as follows:
• Purchase Price : $2,035,000.00
• Financing : Lump sum to be paid from EDC fund balance at the time of closing
• Earnest money in the amount of $10,000.00
• Closing to commence prior to the end of the year
• Special Warranty Deed to be issued to the EDC at closing
FINANCIAL IMPACT:
Purchase Price : $2,035,000.00 out of EDC Funds.
BACKGROUND:
The EDC Board of Directors is expected to vote on this item at their December 11,
2025, CDC/EDC Joint Board Meeting. Staff requests that Council's approval of this item
be subject to the EDC Board approval on December 11th.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Vibrant.
ATTACHMENTS:
1. Council Resolution - Greer EDC Project Resolution
2. Exhibit A - Greer Agreement
CITY OF ANNA, TEXAS
RESOLUTION NO._______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS APPROVING A
PROJECT OF THE ANNA ECONOMIC DEVELOPMENT CORPORATION INCLUDING A
PURCHASE AND SALE CONTRACT FOR PROPERTY OWNED BY JOE A. GREER, JR.
AND REBECCA F. GREER
WHEREAS, the City Council of the City of Anna, Texas (the “City Council”) anticipates
that the Anna Economic Development Corporation (the “EDC”) Board of Directors will
consider a purchase and sale agreement in the form of a real estate contract to obtain
ownership of all or portions of certain real estate as described in further detail in the Real
Estate Sales Contract attached hereto as Exhibit A (the “Project”); and
WHEREAS, the City Council finds that the Project will promote new or expanded business
development in and near the City of Anna, Texas;
NOW THEREFORE, BE IT RESOLVED BY CITY COUNCIL OF THE CITY OF ANNA,
TEXAS, THAT:
Section 1. Findings
Section 2. Approval of Project and Funding
ADOPTED AND APPROVED on this 9th day of December 2025.
Real Estate Sales Contract Page 1 of 11
Real Estate Sales Contract
This Real Estate Sales Contract (this “Contract”) to buy and sell real property is between Seller and Buyer
as identified below and is effective on the date (“Effective Date”) being the date that the Title Company acknowledges
receipt of this Contract fully executed by Seller and Buyer and delivery to the Title Company of the Earnest Money.
Buyer must deliver the Earnest Money to Title Company before the Earnest Money Deadline provided in section A.1.
for this Contract to become effective.
Seller(s): Joe A. Greer, Jr.
Rebecca F. Greer
Address: PO Box 272
Anna, TX 75409-0272
Buyer: Anna Economic Development Corporation
Address: Attn: Economic Development Director
120 W. 7th Street
Anna, TX 75409
Property: Being 3.76 acres of real property more or less, in the Henry Brantley Survey as shown
in the attached Exhibit A (the “Property”), which includes the following three
contiguous tracts located in the City of Anna, Collin County, Texas: Tract 1 - 0.9666
more or less acres of land with Property ID 1016108 commonly known by the address
of 504 N. Powell Parkway; Tract 2 – 1.9147 more or less acres of land with Property
ID 2634357; and Tract 3 – 0.76 more or less acres of land with Property ID 1017330
(collectively, the “Property”).
Title Company: Red River Title Co.
Attn: Brittany Eleby
Address: 751 South Buddy Hayes Blvd #101, Anna, Texas 75409
Phone: (972)924-8777
Email: beleby@redrivertitle.com
Underwriter: Title Company’s choice.
Purchase Price $2,035,000.00
Earnest Money: $10,000.00
County for Performance: Collin County, Texas
A.Deadlines and Other Dates
If a deadline falls on a Saturday, Sunday, or national holiday, the deadline will be extended to the next day
that is not a Saturday, Sunday, or national holiday. A national holiday is a holiday designated by the federal
government. Time is of the essence.
1.Earnest Money Deadline: within three (3) business days of the Effective Date.
2.Delivery of Title Commitment: twenty (20) days after the Effective Date.
3.Delivery of legible copies of instruments referenced in the Title Commitment: twenty (20) days after
Real Estate Sales Contract Page 2 of 11
the Effective Date.
4. Delivery of Title Objections: ten (10) days after the delivery of the Title Commitment, legible copies
of the instruments referenced in the Title Commitment, and the Survey.
5. Closing Date: a mutually agreeable date that is on or before the thirtieth (30th) day after the end of
the Feasibility Review Period. The Closing Date shall not be extended unless extended under a mutually agreeable
duly executed amendment to this Contract.
6. Delivery of Survey: twenty (20) days after the Effective Date.
7. Due Diligence Materials: within five (5) days of the Effective Date, Seller will deliver true, complete
and correct copies of any and all of the following types of documents that relate to all or any portion of the Property
and that are in Seller's possession or are obtainable by Seller through reasonable effort:
a. pending or proposed governmental matters including, without limitation, TxDot, county or
municipal notifications including without limitations any offers to purchase the Property or
any actions related in any manner to eminent domain having any effect on the Property and
any lis pendens, judgments, or abstracts of judgments concerning the Property;
b. existing Surveys;
c. existing final plats and/or preliminary plats as applicable; and
d. copies of all existing studies, plans, analyses, estimates, ordinances, resolutions, appraisals,
contracts, leases and other materials pertinent to the Property.
8. Feasibility Review Period: thirty (30) days after the Effective Date.
B. Closing Documents
1. At closing, Seller will deliver the following items to the Title Company:
Special Warranty Deed, subject only to the Permitted Exceptions, in form attached hereto
as Exhibit C (the “Deed")
IRS Nonforeign Person Affidavit
2. At closing, Buyer will deliver the following items to the Title Company:
Evidence of Buyer’s authority to consummate this transaction
The documents listed in this section B are collectively known as the “Closing Documents.”
C. Exhibits
The following exhibits are attached to and are a part of this Contract as if set forth in full here for all purposes:
Exhibit A—Description of the Property
Exhibit B—Sellers Representations
Exhibit C—Deed
Real Estate Sales Contract Page 3 of 11
D. Purchase and Sale of Property
Seller agrees to sell and convey the Property to Buyer, and Buyer agrees to buy and pay Seller for the Property
in accordance with the terms of this Contract. The promises by Buyer and Seller stated in this Contract are the
consideration for the formation of this Contract.
E. Earnest Money and Independent Consideration
Buyer may direct Title Company to invest the Earnest Money in an interest-bearing account in a federally
insured financial institution by giving notice to Title Company and satisfying Title Company’s requirements for
investing the Earnest Money in an interest-bearing account. Any interest earned on the Earnest Money will be paid
to the party that becomes entitled to the Earnest Money. If Buyer fails to deposit the Earnest Money, in accordance
with A.1, with the Title Company, then Seller may, at Seller's option, terminate this Contract by delivering a written
termination notice to Buyer at any time until Buyer deposits the Earnest Money with the Title Company. The Earnest
Money shall be fully refundable to Buyer through the end of the Feasibility Period. Further, Buyer tenders to Seller
and Seller acknowledges receipt of the sum of $100 as independent and non -refundable contract consideration for
any options granted in this Contract. This independent consideration is in addition to any other deposits made under
this Contract, is earned by Seller upon its execution of this Contract, and will not be credited against the Purchase
Price.
F. Title, Feasibility Review Period, and Survey
1. Title Advice. The following statutory notice is provided to Buyer on behalf of the real estate licensees,
if any, involved in this transaction: Buyer is advised that it should either have the abstract covering the Property
examined by an attorney of Buyer’s own selection or be furnished with or obtain a policy of title insurance.
2. Title Commitment; Title Policy. “Title Commitment” means a Commitment for Issuance of an Owner
Policy of Title Insurance by Title Company, as agent for Underwriter, stating the condition of title to the Property.
The “effective date” stated in the Title Commitment must be after the Effective Date of this Contract. “Title Policy”
means an Owner Policy of Title Insurance issued by Title Company, as agent for Underwriter, in conformity with the
last Title Commitment delivered to and approved by Buyer.
3. Feasibility Review Period. Buyer shall have thirty (30) days (the “Feasibility Review Period”) after
the Effective Date in which to conduct environmental testing, geotechnical borings and other studies of the Property
and, in connection therewith, Buyer and its agents and contractors shall have the right of e ntry onto the Property for
such purposes and Buyer agrees to indemnify Seller for Buyer's on-site related Property activities and all costs
associated with such entry and tests made on the Property; this indemnity shall survive closing or termination of this
Contract. If Buyer determines, in Buyer’s sole and absolute discretion, that the Property is not suitable for Buyer’s
intended use or purpose, Buyer shall have the right upon written notice to Seller within the Feasibility Review Period
to terminate this Contract in which event the Earnest Money shall be fully and completely refunded to Buyer.
4. Intentionally Omitted.
5. Delivery of Title Commitment and Legible Copies. Seller must deliver the Title Commitment to
Buyer by the deadline stated in section A.2. and legible copies of the instruments referenced in the Title Commitment
by the deadline stated in section A.3.
6. Title Objections. Buyer has until the deadline stated in section A.4. (“Title Objection Deadline”) to
review the Title Commitment, legible copies of the title instruments referenced in it, and the Survey and notify Seller
of Buyer’s objections to any of them (“Title Objections”). Buyer will be deemed to have approved all matters reflected
Real Estate Sales Contract Page 4 of 11
by the Title Commitment to which Buyer has made no Title Objection by the Title Objection Deadline. The matters
that Buyer either approves or is deemed to have approved are “Permitted Exceptions.” If Buyer notifies Seller of any
Title Objections, Seller has ten (10) days from receipt of Buyer’s notice to notify Buyer whether Seller agrees to cure
the Title Objections before closing (“Cure Notice”). If Seller does not timely give its Cure Notice or timely gives its
Cure Notice but does not agree to cure all the Title Objections before closing, Buyer may, within ten (10) days after
the deadline for the giving of Seller’s Cure Notice, notify Seller that either this Contract is terminated (in which event
the Earnest Money shall be refunded to Buyer) or Buyer will proceed to close, subject to Seller’s obligations to
resolve the items listed in Schedule C of the Title Commitment, remove all liens affecting the Property, terminate all
leases affecting the Property, remove all exceptions that arise by, through, or under Seller after the Effective Date,
and cure only the Title Objections that Seller has agreed to cure in the Cure Notice. At or before closing, Seller must
resolve the items that are listed on Schedule C of the Title Commitment, remove all such liens, terminate all such
leases, remove all exceptions that arise by, through, or under Seller after the Effective Date of this Contract, and cure
the Title Objections that Seller has agreed to cure.
7.Survey. Buyer, at Buyer's expense, will obtain a new survey of the Property and deliver a copy thereof
to Seller by the deadline specified in A.6 above. The survey shall be a current on-the-ground survey of the Property
that substantially complies with the requirements of a Category 1A, Condition I or II (as applicable) survey in the
Manual of Practice for Land Surveying in the State of Texas promulgated by the Texas Board of Professional Land
Surveying and shall be adequate to enable the Title Company to delete the survey exception in the Title Policy (except
for “shortages in area”). Once the Survey has been completed, the legal description of the Property shown therein
shall be substituted for the description in Exhibit A and shall serve as the lega l description of the Property in the
Deed.
G.Condition of the Property until Closing; Cooperation; No Recording of Contract; Lease
1.Maintenance and Operation. Until closing, Seller will (a) maintain the Property as it existed on the
Effective Date, except for reasonable wear and tear and casualty damage; (b) operate the Property in the same manner
as it was operated on the Effective Date; and (c) not further encumber the Property with liens, easements, restrictions
or any other matter affecting title to the Property, or modify the terms of any existing leases, contracts or
encumbrances, if any, without Buyer’s prior written consent, except that Seller must and shall fully terminate any
leases without Buyer’s consent.
2. [Left Blank Intentionally.]
3. Condemnation. Seller will notify Buyer promptly after Seller receives notice that any part of the
Property has been or is threatened to be condemned or otherwise taken by a governmental or quasi-governmental
authority. Buyer may terminate this Contract if the condemnation would materially affect Buyer’s intended use of
the Property by giving notice to Seller within fifteen days after receipt of Seller’s notice to Buyer (or before closing
if Seller’s notice is received less than fifteen days before closing), in which event the Earnest Money shall be
refunded to the Buyer. If Buyer does not terminate this Contract, (a) Buyer and Seller will each have the right to
appear and defend their respective interests in the Property in the condemnation proceedings, (b) any award in
condemnation will be assigned to Buyer, and (c) if the taking occurs before closing, the description of the Property
will be revised to delete the portion taken.
Real Estate Sales Contract Page 5 of 11
4. Claims; Hearings. Seller will notify Buyer promptly of any litigation or any claim or administrative
hearing that is threatened, filed, or initiated before closing that affects the Property.
5. Lease. As a condition to Buyer’s obligations under this Contract, Seller shall fully terminate any
lease(s) of all or any portion of the Property and any and all tenants shall be required to vacate the Property prior to
closing.
H.Closing
Closing.This transaction will close at Title Company’s offices on the Closing Date. At closing, the
Closing Documents.
Payment of Purchase Price.
Disbursement of Funds; Recording; Copies.
Possession.
Transaction Costs
Seller’s Costs.
of the instruments described in section A.4.; and Seller’s expenses and attorney’s fees.
Buyer’s Costs.
costs to obtain, deliver, and record all documents other than those to be recorded at Seller’s
expense; the additional premium for the “survey/area and boundary deletion” in the Title
; and Buyer’s expenses
and attorney’s fees.
Ad Valorem Taxes.
be prorated between Buyer and Seller as of the Closing Date. Seller’s portion of the prorated
Real Estate Sales Contract Page 6 of 11
prorations in cash within thirty days of when the actual assessment and taxes are known.
Seller will promptly notify Buyer of all notices of proposed or final tax valuations and
assessments that Seller receives after the Effective Date and after closing. If rollback taxes
become due because of a change in use of the Property, the resulting rollback tax and interest
due shall be the obligation of Buyer. All taxes due as of closing will be paid at closing. The
parties’ obligations under this paragraph shall survive the Closing.
d.Brokers’ Commissions and Disclosure. Buyer and Seller each represents and warrants to the
other that they have had no contact with any real estate broker, finder or other person who
might be entitled, or claim to be entitled, to a brokerage commission, finder’s fee or other
compensation in connection with this transaction. Buyer and Seller each hereby indemnify
and agree to defend and hold the other party harmless from and against any and all claims,
demands, liabilities, causes of action, costs or expenses (including reasonable attorneys’
fees) caused by or arising out of any breach of its foregoing warranty. The provisions of this
paragraph shall survive the Closing or termination of this Contract and shall not be subject
to any limitation of liability otherwise set forth in this Contract.
3.Issuance of Title Policy. Seller will cause Title Company to issue the Title Policy to Buyer as soon
as practicable after closing.
I.Default and Remedies
1.Seller’s Default. If Seller fails to perform any of its obligations under this Contract (“Seller’s
Default”), Buyer’s sole and exclusive remedy is to either (i) enforce specific performance of Seller’s obligations
under this Contract, or (ii) terminate this Contract by written notice to Seller in which event the Earnest Money shall
be delivered to Buyer. If title to the Property is awarded to Buyer, the conveyance will be subject to the Permitted
Exceptions.
2.Buyer’s Default. If Buyer fails to perform any of its obligations under this Contract (“Buyer’s
Default”), Seller, as its sole and exclusive remedy, shall have the right to terminate this Contract by giving notice to
Buyer on or before the Closing Date and have the Earnest Money paid to Seller as liquidated damages (and not as a
penalty). Seller waives any remedy for damages.
3.Liquidated Damages. The parties agree that just compensation for the harm that would be caused by
a default by either party cannot be accurately estimated or would be very difficult to accurately estimate and that the
Earnest Money and the amounts provided above are reasonable forecasts of just compensation to the nondefaulting
party for the harm that would be caused by a default.
J.Miscellaneous Provisions
1.Notices. Any notice required by or permitted under this Contract must be in writing and will be
deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service,
postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown
in this Contract. Any address for notice may be changed by written notice delivered as provided herein. Copies of
each notice shall be addressed as follows:
Real Estate Sales Contract Page 7 of 11
If to Buyer:
Anna Economic Development Corporation
Attn: City Manager
120 W. 7th Street
Anna, Texas 75409
With a copy to:
Clark McCoy
Wolfe, Tidwell & McCoy, LLP
2591 Dallas Parkway, Suite 300
Frisco, Texas 75034
If to Seller:
Joe A. Greer, Jr.
Rebecca F. Greer
PO Box 272
Anna, TX 75409-0272
2.Entire Contract. This Contract, together with its exhibits, and any Closing Documents delivered at
closing constitute the entire agreement of the parties concerning the sale of the Property by Seller to Buyer. There are
no oral representations, warranties, agreements, or promises pertaining to the sale of the Property by Seller to Buyer
not incorporated in writing in this Contract.
3.Amendment. This Contract may be amended only by an instrument in writing signed by the parties.
4.Assignment. This Contract will inure to the benefit of and be binding on the parties and their
respective successors and assigns. This Contract is fully assignable by Buyer provided: (a) such assignment must be
in writing and signed by Buyer and its assignee, (b) Buyer must send a copy of any assignment to Seller at least seven
(7) days prior to closing, and (c) such assignment shall not release Buyer from its obligations and liabilities under
this Contract. Upon compliance with the foregoing, the assignee(s) shall be entitled to enforce this Contract as against
Seller, including but not limited to, the remedy of specific performance.
5.Survival. The obligations of this Contract that cannot be performed before termination of this
Contract or before closing will survive termination of this Contract or closing, and the legal doctrine of merger will
not apply to these matters. If there is any conflict between the Closing Documents and this Contract, the Closing
Documents will control.
6.Choice of Law; Venue; Alternative Dispute Resolution. This Contract will be construed under the
laws of the state of Texas, without regard to choice-of-law rules of any jurisdiction. Venue is in Collin County, Texas.
Time permitting, the parties will submit in good faith to an alternative dispute resolution process before filing a suit
concerning this Contract.
7.Waiver of Default. It is not a waiver of default if the nondefaulting party fails to declare immediately
a default or delays taking any action with respect to the default.
8.No Third-Party Beneficiaries. There are no third-party beneficiaries of this Contract.
Real Estate Sales Contract Page 8 of 11
9.Severability. The provisions of this Contract are severable. If a court of competent jurisdiction finds
that any provision of this Contract is unenforceable, the remaining provisions will remain in effect without the
unenforceable parts.
10.Ambiguities Not to Be Construed against Party Who Drafted Contract. The rule of construction that
ambiguities in a document will be construed against the party who drafted it will not be applied in interpreting this
Contract.
11.No Special Relationship. The parties’ relationship is an ordinary commercial relationship, and they
do not intend to create the relationship of principal and agent, partnership, joint venture, or any other special
relationship.
12.Counterparts. If this Contract is executed in multiple counterparts, all counterparts taken together
will constitute this Contract.
13.Confidentiality. The parties will keep confidential this Contract, this transaction, and all information
learned in the course of this transaction, except to the extent disclosure is required by law or court order or to enable
third parties to advise or assist Buyer to investigate the Property or either party to close this transaction.
14.Additional Matters.
i. ) Seller agrees to cooperate with Buyer if, during the Feasibility Review Period, Buyer or the City
of Anna requires the Property to be preliminarily platted; provided, all costs of such plat shall be
borne by Buyer.
ii. ) To the best of Seller's current knowledge, but WITHOUT WARRANTY, water, sanitary sewer
and electric power line are available at the Property (excluding storm sewer).
iii. ) Buyer will secure at its own expense any necessary use permits, platting and signage
requirements and Seller agrees to cooperate as necessary to accomplish such.
15.Termination. If this Contract is terminated for any reason, the parties will have no further rights or
obligations under this Contract, except that: (1) Buyer shall pay the costs to repair any damage to the Property caused
by Buyer or Buyer's agents; (2) Buyer shall return to Seller any reports or documents delivered to Buyer by Seller;
and (3) each party shall perform any other obligations that, by the explicit provisions of this Contract, expressly
survive the termination of this Contract. The obligations of this Section 15 will survive the termination of this
Contract.
16.Attorneys' Fees. The prevailing party in any proceeding brought to enforce this Contract, or brought
relating to the transaction contemplated by this Contract, will be entitled to recover, from the non-prevailing party,
court costs, reasonable attorneys' fees and all other reasonable related expenses.
17.Intentionally Omitted.
18.Contract as Offer. The execution of this Contract by the first party to do so constitutes an offer to
purchase or sell the Property. If the other party does not accept that offer by signing this Contract and delivering a
fully executed copy to the first party within ten (10) days after the date this Contract is executed by the first party,
then the first party may withdraw that offer by delivering a written notice to the other party at any time before the
other party accepts that offer, in which case the Earnest Money, if any, will be returned to Buyer.
Real Estate Sales Contract Page 9 of 11
SELLER(S):
_________________________________
Joe A. Greer, Jr.
Date: __________________
_________________________________
Rebecca F. Greer
Date: __________________
Real Estate Sales Contract Page 10 of 11
BUYER:
Anna Economic Development Corporation
By: ___________________________________________
Bruce Norwood, President
Real Estate Sales Contract Page 11 of 11
Title Company Receipt
Title Company acknowledges receipt of Earnest Money in the amount of $10,000.00 and a copy of this
Contract executed by both Buyer and Seller.
Red River Title Co.
By:
Brittany Eleby,
its Escrow Officer
Date:
EXHIBIT A
Description of the Property
Being 3.76 acres of real property more or less, in the Henry Brantley Survey which includes the following
three contiguous tracts located in the City of Anna, Collin County, Texas: Tract 1 - 0.9666 more or less
acres of land with Property ID 1016108 commonly known by the address of 504 N. Powell Parkway;
Tract 2 – 1.9147 more or less acres of land with Property ID 2634357; and Tract 3 – 0.76 more or less
acres of land with Property ID 1017330.
Survey of the Property
EXHIBIT B
Seller’s Representations to Buyer
Seller (“Seller”, whether one or more) represents to Buyer (to Seller’s actual knowledge, without
duty of investigation) that the following are true and correct as of the Effective Date and will be true and
correct on the Closing Date.
1.Authority. This Contract is, and all documents required by this Contract to be executed and
delivered to Buyer at closing will be, duly authorized, executed, and delivered by Seller.
2.Litigation. There is no litigation pending or threatened against Seller that might affect the
Property or Seller’s ability to perform its obligations under this Contract except: NONE
3.Violation of Laws. Seller has not received notice of violation of any law, ordinance,
regulation, or requirements affecting the Property or Seller’s use of the Property, except: NONE
4.Lease. Seller promises to fully terminate any lease(s) and any and all tenants shall be
required to vacate the Property prior to closing.
5.Condemnation; Zoning; Land Use; Hazardous Materials. Seller has not received notice of
any condemnation, zoning, or land-use proceedings affecting the Property or any inquiries or notices by
any governmental authority or third party with respect to the presence of hazardous materials on the
Property or the migration of hazardous materials from the Property, except: NONE
6.No Other Obligation to Sell the Property or Restriction against Selling the Property.
Except for having granting a security interest in the Property (which security interest shall be released at
Closing) and the terms and conditions as stated therein, Seller has not obligated itself to sell the Property
to any party other than Buyer and Seller’s performance of this Contract will not cause a breach of any other
agreement or obligation to which Seller is a party or to which it is bound.
7.No Liens. On the Closing Date, the Property will be free and clear of all mechanic’s and
materialman’s liens and other liens and encumbrances of any nature except (a) the Permitted Exceptions
and (b) liens that will be paid from the proceeds of closing; no work or materials will have been furnished
to the Property that might give rise to mechanic’s, materialman’s, or other liens against the Property other
than work or materials to which Buyer has given its express written consent.
8.No Commitments. No commitments have been made by Seller to any governmental
authority, utility company, school board or church, or to any other religious body, or any other organization,
group or individual relating to any of the Property, which would impose an obligation upon Buyer or its
successors or assigns to make any contribution or dedication of money or land to construct, install or
maintain any improvements of a public or private nature on or off any of the Property.
9.No Other Representation. Except as stated above, Seller makes no representation with
respect to the Property.
Seller’s representations set forth in this Contract shall survive Closing for a period of twelve (12) months.
EXHIBIT C
Special Warranty Deed
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY
REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY
INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS
FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR
YOUR DRIVER’S LICENSE NUMBER.
Date: _____________, 2025
Grantors: Joe A. Greer, Jr. and Rebecca F. Greer
Grantors’ Mailing Address: PO Box 272, Anna, TX 75409-0272
Grantee: Anna Economic Development Corporation – a Texas type A development corporation
Grantee’s Mailing Address: 120 W. 7th Street, Anna, Texas 75409
Consideration: $10.00 and other good and valuable consideration in hand received and adequacy of which
is acknowledged
Property (including any improvements): The real property described in Exhibit A, attached hereto and
incorporated herein by reference
Reservations from Conveyance: None
Exceptions to Conveyance and Warranty: The restrictions, easements, covenants, and other matters, if
any, described on Exhibit B, attached hereto and incorporated herein.
Grantors, for the Consideration and subject to the Reservations from Conveyance and the
Exceptions to Conveyance and Warranty, grant, sell, and convey to Grantee the Property in fee simple
title, together with all and singular the rights and appurtenances thereto in any way belonging, to have and
to hold it to Grantee and Grantee’s heirs, successors, and assigns forever. Grantor binds Grantor and
Grantor’s heirs and successors to warrant and forever defend all and singular the Property to Grantee and
Grantee’s heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim
the same or any part thereof, by, through, or under Grantor, but not otherwise.
[The remainder of this page is left blank intentionally, signature page follows]
____________________________________
Joe A. Greer, Jr.
STATE OF TEXAS
COUNTY OF COLLIN
This instrument was acknowledged before me on __________________, 2025, by Joe A. Greer, Jr.
___________________________
Notary Public, State of Texas
(SEAL)
____________________________________
Rebecca F. Greer
STATE OF TEXAS
COUNTY OF COLLIN
This instrument was acknowledged before me on __________________, 2025, by Rebecca F. Greer.
___________________________
Notary Public, State of Texas
(SEAL)
EXHIBIT A
LEGAL DESCRIPTION
BEING o tract of land situated in the Henry Brantley Survey, Abstract No. 71, City of Anna, Collin County,
Texas being part of a called 5 acres, part of a called 205' X 175' tract of land, and part of a ca/led 5.70 acre tract of /and of
which a// are described in a Warranty Deed conveyed to Joe A Greer, JR. as recorded in Volume 5105, Page 1672 of the
Deed Records of Collin County, Texas (D.R.C.C.T.), and being more particularly described in metes and bounds as
follows;
BEGINNING in a curve to the right along the east Right-of-Way (ROW) line of State Highway No.5 at an iron
rod with plastic pink cap stamped ''TXDOT" found for the north comer of a comer clip in a Final Judgement found in
favor of the State of Texas and recorded in Instrument No. 20220418000617120 of the Official Public Records of Collin
County, Texas (O.P.R.C.C.T.);
THENCE with the east ROW line of State Highway No. 5 and through said curve to the right having a central
angle of 0.3'54'19", an arc length of 516.82', a radius of 7582.50', a chord bearing of N 03"49 '15" E, and a chord length
of 516.72 ', to a 1/2n iron rod with yellow plastic cap stamped "4613" set for corner;
THENCE N 20"06'37" E continuing with the east ROW line of State Highway No. 5 for a distance of
20.27' to an iron rod with plastic pink cap stamped "TXDOT" found for corner in the south line of a called 1.008 acre
tract of land conveyed to SAAS US Partners, lLC as recorded in Instrument No. 20150722000904850 O.P.R.C.C.T.;
THENCE S 89"25'44" E with the south line of the called 1.008 acre tmct of land for a distance of
232.62' to a 1/2n iron rod with yellow plastic cap stamped "4613" set for corner in the east line of a tract of land
described as SECOND TRACT in a Warranty Deed conveyed to Pamela Travis as recorded in Instrument No.
19980828000948770, 0.P.R.C.C.T.;
THENCE S 13'22'34" W with the west line of said SECOND TRACT for a distance of 17.24' to a 1/2" iron rod
with yellow plastic cap stamped "4613" set for the southwest corner of said SECOND TRACT corner;
THENCE S 39·59'39" E with the west line of said SECOND TRACT for a distance of 57.43' to a 1/2" iron rod
found for the northwest corner of the Guitierrez Addition, an addition to the City of Anna, Collin County, Texas, as
shown on the plat thereof recorded in Instrument No. 20101213010002460 of the Plat Records of Collin County, Texas
(P.R.C.C.T.);
THENCE S 07"27'34" W with the west line of said Guitierrez Addition for a distance of 149.99' to a 1/2" iron
rod found for the southwest corner of said Guitierrez Addition, and said iron rod found also being the northwest comer of
o called 0.580 acre tract of land conveyed to Marco Antonio Villegas and Diana Diaz Martinez as recorded in Instrument
No. 20201109001988110, O.P.R.C.C.T.;
THENCE S 03"52'37" W a distance of 146.60' to a 1/2" iron rod found for the southwest corner of a called
0.5795 acre tract of fond conveyed to Fernando and wife, Leticia Diaz as recorded in Instrument No.
20110713000728470, O.P.R.C.C.T., and said iron rod found being the northwest corner of a tract of land conveyed to Joe
A. Greer, JR. as recorded in Volume 943, Page 273, DR.C.CT.; 230.61
THENCE S 01"51 '16" W with the west side of said Joe A. Greer, JR. tract of land passing an iron rod with
plastic cap stamped "GREER" found for the southwest corner of said Joe A. Greer, JR. tract of land at a distance of
230.61' and continuing for a total distance of 240.42' to a 1/2" iron rod with yellow plastic cap stamped "4613" set for
corner in the north line of Hackberry Lane;
THENCE N 89"38'30" W with the north line of Hackberry Lane for a distance of 275.72' to a 1/2" iron rod with
yellow plastic cap stamped "4613" set for the southeast corner of said comer clip of the said Final Judgement found in
favor of the State of Texas;
THENCE N 38"56'48" W along said corner clip a distance of 23.18' to the POINT OF BEGINNING, and
containing 158,712 Square Feet or 3.644 acres of land.
EXHIBIT B
(Attach title exceptions)
Item No. 7.t.
City Council Agenda
Staff Report
Meeting Date: 12/9/2025
Staff Contact: Joey Grisham
AGENDA ITEM:
Consider/Discuss/Action on a Resolution approving a Development Agreement with VC
Liberty Hills, LLC. (Director of Economic Development Joey Grisham)
SUMMARY:
The Church tract is 10 acres and the developer wants to add this piece to the Liberty
Hills development and PID--this DA mirrors that of the previous Liberty Hills
Development Agreement.
FINANCIAL IMPACT:
N/A
BACKGROUND:
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Vibrant.
ATTACHMENTS:
1. Res. DA Church Tract C23003D20251202CR1 mc
2. (VCLH) ANNA CHURCH TRACT -- Development Agreement [COMPILED DEV
EXECUTED]
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE CHURCH
TRACT DEVELOPMENT AGREEMENT WITH VC LIBERTY HILLS, LLC,
RELATING TO DEVELOPMENT OF PROPERTY FOR SINGLE-FAMILY
DEVELOPMENT ADJACENT TO THE DEVELOPMENT KNOWN AS LIBERTY HILLS
WHEREAS, VC Libery Hills, LLC (“Developer”) owns or controls approximately 10.815
acres of real property to be located within the municipal boundaries of the City of Anna, Texas, in
Collin County, Texas, (the “Property”); and
WHEREAS, the City Council and the Developer intend that the Property be developed in
accordance with the Church Tract Development Agreement (the “Agreement”) attached hereto as
Exhibit 1;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Approval and Authority to Execute
The City Council hereby approves the Church Tract Development Agreement, attached hereto as
Exhibit 1, and authorizes the Mayor’s and/or City Manager’s execution of the same. The Mayor
and/or City Manager are hereby authorized to execute all documents and take all other actions
necessary to finalize, act under, and enforce the Agreement. Notwithstanding the foregoing or any
other provision of this resolution, the City Council’s approval of the Agreement is strictly
conditioned upon the approval of the City Attorney as to the form of the Agreement and the City
Attorney is authorized to make mutually agreeable modifications to the Agreement before providing
said approval as to form of the Agreement.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Anna, Texas, on
this 9th day of December 2025.
ATTESTED: APPROVED:
________________________________ __________________________
Carrie L. Land, City Secretary Pete Cain, Mayor
CHURCH TRACT DEVELOPMENT AGREEMENT PAGE 1
715865013v3
CHURCH TRACT DEVELOPMENT AGREEMENT
This Church Tract Development Agreement (this “Agreement”) is entered into by and
between the CITY OF ANNA, TEXAS, a Texas home-rule municipality (the “City”) and VC
LIBERTY HILLS, LLC, a Delaware limited liability company (and its successors and assigns, the
“Developer”) (each individually, a “Party,” and collectively, the “Parties”), to be effective on the
Effective Date.
SECTION 1
RECITALS
WHEREAS, certain capitalized terms used in these recitals are defined in Section 2; and
WHEREAS, the City is a home-rule municipality of the State of Texas; and
WHEREAS, the Developer is under contract to purchase approximately 10.815 acres of
real property described by metes and bounds in Exhibit A (the “Property”); and
WHEREAS, the Property is located within the extraterritorial jurisdiction (the “ETJ”) of
the City; and
WHEREAS, it is intended that the Property, which is depicted in Exhibit B, be developed
to contain single-family homes of various sizes (the “Project”), and be incorporated into a larger
development containing single-family, townhomes, multi-family, commercial and other mixed-
use development constructed over multiple phases and is to be known and referred to as “Liberty
Hills;” and
WHEREAS, the Developer is the owner of certain land adjacent to the Property (the
“Adjacent Land”) which is being developed as part of Liberty Hills pursuant to that certain
“Liberty Hills Development Agreement” recorded as document number 2024000059345 in the
Real Property Records of Collin County (the “LH Development Agreement”), which is attached
hereto as Exhibit F, which LH Development Agreement has been partially assigned and assumed
by the Developer in connection with the Developer’s development of the Adjacent Land pursuant
to that certain Partial Assignment and Assumption of Development Agreement recorded as
document number 2024000150083 in the Real Property Records of Collin County (the “Partial
Assignment”); and
WHEREAS, the Adjacent Land is zoned as part of a Planned Development pursuant to
Ordinance No. 1111-2024-08 adopted on August 13, 2024, as may be amended from time to time
(the “Liberty Hills PD Ordinance”), which Liberty Hills PD Ordinance is attached hereto as
Exhibit E;
WHEREAS, the Developer intends to develop the Property as generally depicted on the
Illustrative Layout (as defined herein), which is attached hereto as Exhibit C, which may be
revised as set forth in this Agreement, and in accordance with applicable City Regulations and the
development standards set forth in the Liberty Hills PD Ordinance (“Development Standards”);
and
CHURCH TRACT DEVELOPMENT AGREEMENT PAGE 2
WHEREAS, the Illustrative Layout is intended to comply with the vision of the 2050
Comprehensive Plan; and
WHEREAS, the Developer intends to file a voluntary petition for annexation the Property;
and
WHEREAS, in conjunction with the annexation of the Property, the Developer intends to
submit an application to zone the Property in accordance with the Liberty Hills PD Ordinance; and
WHEREAS, the Parties intend for the City to provide water and sewer service to the
Property; and
WHEREAS, the Developer desires and intends to design, construct and install and/or
make financial contributions to certain Authorized Improvements to serve the Property; and
WHEREAS, in consideration of Developer’s agreements contained herein, the City shall
use reasonable efforts to exercise its powers under Texas Local Government Code, Chapter 372
(the “PID Act”) to create a PID (as defined herein) encompassing or including the Property to
provide financing arrangements that will enable Developer to do the following in accordance with
the procedures and requirements of the PID Act and this Agreement: (a) fund or be reimbursed for
a specified portion of the costs of the PID Projects using the proceeds of PID Bonds; or (b) obtain
reimbursement for the specified portion of the costs of the PID Projects, the source of which
reimbursement will be installment payments from Assessments within the PID, provided that such
reimbursements shall be subordinate to the payment of PID Bonds and Administrative Expenses;
and
WHEREAS, in consideration of the Developer’s agreements contained herein, as allowed
by law, the City agrees to exercise its powers under the TIRZ Act to create a TIRZ including the
Property and to dedicate fifty percent (50%) of the City’s ad valorem tax increment, less collection
and administrative costs, attributable to the TIRZ, based on the City’s tax rate each year and as
authorized by law for a period of forty (40) years property to offset or pay a portion of any
Assessment levied on assessed parcels within the Property for the costs of Authorized
Improvements that qualify as TIRZ Projects under the TIRZ Act; and
WHEREAS, after creation of the PID and the TIRZ, all of the City’s administrative costs
associated with the PID will be funded by the levy of Assessments on the Property in accordance
with the PID Act, and all of the City’s administrative costs associated with the TIRZ will be funded
from the TIRZ Revenue in accordance with the TIRZ Act; and
WHEREAS, the Parties desire and intend for the design, construction, and installation of
the Public Infrastructure to occur in a phased manner over the Term of this Agreement and that
Developer will dedicate to and the City will accept the Public Infrastructure for public use and
maintenance, subject to the City’s approval of the plans and inspection of the Public Infrastructure
in accordance with this Agreement and the City Regulations; and
WHEREAS, the City, subject to the consent and approval of the City Council, and in
accordance with the terms of this Agreement and all legal requirements, including but not limited
CHURCH TRACT DEVELOPMENT AGREEMENT PAGE 3
to each Indenture, intends to: (i) adopt a Service and Assessment Plan; (ii) adopt an Assessment
Ordinance (to pay for a specified portion of the PID Projects Cost(s) and approved by the City’s
Engineer or his designee and the costs associated with the administration of the PID and the
issuance of the PID Bonds for each respective Phase of the Project); and (iii) issue up to $2,000,000
in principal amount of PID Bonds for the purpose of financing a specified portion of the costs of
the PID Projects and paying associated costs as described herein (in addition to amounts of PID
Bonds issued to support the remainder of the Liberty Hills development as set forth in the LH
Development Agreement); and
WHEREAS, unless expressly set forth to the contrary in this Agreement, it is the Parties’
mutual intent that this Agreement shall supersede City Regulations only to the extent that City
Regulations directly conflict with the terms of this Agreement; and
WHEREAS, the Developer understands and acknowledges that the obligations undertaken
under this Agreement are primarily for the benefit of the Property; and
WHEREAS, the Developer understands and acknowledges that acceptance of this
Agreement is not an exaction or a concession demanded by the City but rather is an undertaking
of Developer’s voluntary design to ensure consistency, quality, and adequate infrastructure that
will benefit development of the Property; and
WHEREAS, following annexation of the Property, the City intends to consider zoning the
Property as part of a planned development district and the Parties acknowledge that the Property
may be developed and used in accordance with this Agreement; and
WHEREAS, the City recognizes the positive impact the Public Infrastructure will bring to
the City and that said improvements will promote state and local economic development, stimulate
business and commercial activity in the City for the development and diversification of the
economy of the state, promote the development and expansion of commerce in the state, and
reduce unemployment or underemployment in the state; and
WHEREAS, as the Property is in the City’s ETJ on the Effective Date of this Agreement,
the Parties intend that this Agreement is a development agreement as provided for by state law in
Section 212.171 et seq of the Texas Local Government Code; and
WHEREAS, this Agreement shall constitute a “permit” under Chapter 245 of the Texas
Local Government Code and as allowed pursuant to Section 212.172(g) of the Texas Local
Government Code and that all prerequisites for entering into such agreement have been completed
in full and that the City has provided the Developer with the written disclosures required when
offering this Agreement under Section 212.171(b-1), said section being incorporated herein as if
set forth in full;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
Parties hereby agree as follows:
SECTION 2
DEFINITIONS
CHURCH TRACT DEVELOPMENT AGREEMENT PAGE 4
Certain terms used in this Agreement are defined in this Section 2. Other terms used in this
Agreement are defined in the recitals or in other sections of this Agreement. Unless the context
requires otherwise, the following terms shall have the meanings hereinafter set forth:
2050 Comprehensive Plan means the Anna 2050 Comprehensive Plan and applicable
provisions of the Anna 2050 Parks Master Plan adopted by the City Council on April 27, 2021
under Ordinance No. 903-2021 and as amended as of the Effective Date.
Administrative Expenses means reasonable expenses incurred by the City in the
establishment, administration, and operation of the PID or TIRZ, respectively.
Administrator means an employee, consultant, or designee of the City who shall have the
responsibilities provided in the Service and Assessment Plan, each Indenture, or any other
agreement or document approved by the City related to the duties and responsibilities for the
administration of the PID.
Assessment(s) means the special assessments levied on the Property pursuant to the PID
Act on a Phase-by-Phase basis, under one or more Assessment Ordinances adopted on a Phase-
by-Phase basis to reimburse Developer on a Phase-by-Phase for a portion of the PID Projects
benefitting the applicable Phase(s) as set forth in the Service and Assessment Plan, as well as
payment of Administrative Expenses and repayment of the PID Bonds and the costs associated
with the issuance of the PID Bonds.
Assessment Ordinance means an ordinance approved by the City Council under the PID
Act levying one or more Assessment(s).
Authorized Improvements means the PID Projects and all on- and off-site public water,
sewer, drainage, and roadway facilities, rights-of-way, along with other public improvements, such
as parks, trails, landscaping and screening, that benefit the Property, are to be constructed by
Developer, and for which the Parties intend Developer will be fully or partially reimbursed
pursuant to the terms of this Agreement.
Bond Ordinance means each ordinance adopted by the City Council that authorizes and
approves the issuance and sale of any PID Bonds for each Phase(s) of the Project.
Budgeted Cost means, with respect to any given Authorized Improvement, the estimated
cost of the improvement as set forth in any Service and Assessment Plan.
Capital Improvement(s) shall have the meaning provided in Chapter 395, Texas Local
Government Code.
Capital Improvement Costs means any construction, contributions, or dedications of
Capital Improvements, including actual costs of design, engineering, construction, acquisition, and
inspection, and all costs related in any manner to the Capital Improvement.
Capital Improvements Plan or “CIP” means all capital improvements plan(s) duly adopted
by the City under Chapter 395, Texas Local Government Code, as may be updated or amended
from time to time.
CHURCH TRACT DEVELOPMENT AGREEMENT PAGE 5
Chapter 245 means Chapter 245, Texas Local Government Code, as amended.
Chapter 380 Agreement means an agreement in which the City agrees to provide a Chapter
380 Grant pursuant to Chapter 380, Texas Local Government Code, as amended.
Chapter 380 Grant means any grant provided to the Developer or other entity pursuant to
a Chapter 380 Agreement as described in this Agreement.
Chapter 395 means Chapter 395, Texas Local Government Code, as amended.
City means the City of Anna, a home rule municipality located in Collin County, Texas.
City Code means the Anna City Code of Ordinances and all of its provisions and
regulations or standards adopted by reference in said Code in effect on the Effective Date;
provided, however, that as it relates to Public Infrastructure for any given Phase, the applicable
construction standards (including, without limitation, uniform building codes) shall be those that
the City has duly adopted at the time of the filing of an application for a preliminary plat for that
Phase unless construction has not commenced within two years of approval of such preliminary
plat in which case the construction standards shall be those that the City has duly adopted at the
time that construction commences, except that to the extent there is a conflict between the City
Code and the Development Standards, the Development Standards shall control.
City Council means the City Council of the City.
City Manager means the current or acting City Manager of the City of Anna or a person
designated to act on behalf of the City Manager if the designation is in writing and signed by the
current or acting City Manager.
City PID Fee means the per single-family-residential-lot fee to be paid by Developer to the
City in accordance with the established City PID Policy and in accordance with Section 5.20
hereof.
City PID Policy means the City of Anna Public Improvement District Policy approved by
the City Council on June 23, 2020 via Resolution No. 2020-06-747.
City Regulations mean City Code provisions, ordinances, design standards (including but
not limited to the City’s Engineering Design Standards and the Development Standards), uniform
codes, policies, requirements, limitations, restrictions, and other regulations (including but not
limited to all fees and land dedications applicable to the Project) duly adopted by the City and in
effect on the Effective Date; provided, however, that as it relates to Public Infrastructure for any
given phase, the applicable construction standards (including, without limitation, uniform building
codes) shall be those that the City has duly adopted at the time of the filing of an application for a
preliminary plat for that phase unless construction has not commenced within two years of
approval of such preliminary plat in which case the construction standards shall be those that the
City has duly adopted at the time that construction commences, except that to the extent there is a
conflict between the City Regulations and the PD, the PD shall control. The term does not include
Park Fees, which shall be assessed on the Property in accordance with this Agreement.
CHURCH TRACT DEVELOPMENT AGREEMENT PAGE 6
Concept Plan means the intended conceptual plan for each Phase of the Project as may be
approved by the City in accordance with Section 5.7 in which case it shall fully supersede and
replace the Illustrative Layout.
Cost Underruns means actual PID Projects Costs that are less than the Budgeted Costs set
forth in the SAP.
Developer Continuing Disclosure Agreement means any continuing disclosure agreement
of Developer executed contemporaneously with the issuance and sale of PID Bonds.
Developer Improvement Account means each construction fund account created under an
Indenture, if any, funded by Developer, and used to pay for portions of the acquisition, design, and
construction of the PID Projects for a particular Phase of the Project.
Development Standards mean the design specifications and construction standards
identified in Section 5.12 of this Agreement, including without limitation the Development
Standards set forth in the Liberty Hills PD Ordinance and applicable City Regulations.
The Effective Date means the effective date of this Agreement, which shall be the date
upon which both of the following have occurred: (i) all Parties have fully executed and delivered
this Agreement and the City’s legal counsel has signed this Agreement, approving same as to form
and (ii) the Developer has acquired the Property.
End User means any tenant, user, or owner of a Fully Developed and Improved Lot, but
excluding the HOA.
ETJ shall have the meaning given to it in the Recitals.
Fully Developed and Improved Lot means any privately-owned lot in the Project,
regardless of proposed use, intended to be served by the Authorized Improvements and for which
a final plat has been approved by the City and recorded in the Real Property Records of Collin
County, Texas.
HOA means the homeowners association formed with respect to the Project, which shall
privately function as a homeowners association for the Project.
Home Buyer Disclosure Program means the disclosure provisions relating to property
located in public improvement districts set forth in Chapter 5 of the Texas Property Code, which
establish a mechanism to disclose to each buyer the terms and conditions under which their lot is
burdened by Assessments.
Illustrative Layout means the intended plan for the development of the Project as depicted
on Exhibit C.
Impact Fees means those fees assessed and charged against the Project in accordance with
Chapter 395 and as defined therein.
Improvement Account of the Project Fund means the construction fund account created
CHURCH TRACT DEVELOPMENT AGREEMENT PAGE 7
under a particular Indenture, funded by the PID Bond Proceeds, and used to pay or reimburse for
certain portions of the construction or acquisition of the PID Projects.
Indenture means a trust indenture by and between the City and a trustee bank under which
PID Bonds are issued and funds are held and disbursed.
Independent Appraisal means, in establishing the appraised value, (i) the appraised value
of a specific assessed parcel or assessed parcels, as applicable, in a specific Phase for which
Assessments have been levied as established by publicly available data from the Collin Central
Appraisal District, (ii) the Collin Central Appraisal District Chief Appraiser’s estimated assessed
valuation for completed homes (home and lot assessed valuation) and estimated lot valuation for
lots on which homes are under construction, (iii) an “as-complete” appraisal delivered by an
independent appraiser licensed in the State of Texas, which appraisal shall assume completion of
the particular Phase for which said Assessments have been or will be levied, as applicable, or (iv)
a certificate delivered to the City by a qualified independent third party (which party may be the
Administrator or a licensed appraiser) certifying on an individual lot type basis, the value of each
lot in the particular Phase, as applicable, for which such Assessments have been levied based on
either (x) the average gross sales price (which is the gross amount including escalations and
reimbursements due to the seller of the lots) for each lot type based on closings of lots in such
Phase for which the Assessments have been levied or (y) the sales price in the actual lot purchase
contracts in the particular Phase for which such Assessments have been or will be levied, as
applicable.
Notice means any notice required or contemplated by this Agreement (or otherwise given
in connection with this Agreement).
Park Fees means those fees assessed and charged against the Project in accordance with
Sections 9.02.135 and A3.006 of the City Code and shall include any “park development fees” as
described in City Code.
Phase means any distinct phase of development on the Property which is to be developed
concurrently as finished lots.
PID means one or more public improvement districts encompassing all or a portion of the
Property, for which the City agrees to exert reasonable efforts to create for the benefit of certain
portions of the Project pursuant to the PID Act and this Agreement.
PID Act means Chapter 372, Texas Local Government Code, as amended.
PID Bond(s) means assessment revenue bonds, but not Refunding Bonds, issued by the
City pursuant to the PID Act to finance the PID Projects.
PID Bond Proceeds means the funds generated from the sale of the PID Bonds.
PID Documents means but not limited to, collectively, the PID Resolution, the SAP, and
the Assessment Ordinance(s).
PID Projects means all water, wastewater/sewer, drainage, roadway, park, trail, landscape,
CHURCH TRACT DEVELOPMENT AGREEMENT PAGE 8
irrigation, hardscape, and other improvements allowable under the PID Act and benefitting and
necessary to serve the Project and which shall be owned and maintained by the City, including
those identified in the PID Documents.
PID Projects Cost means the actual cost of design, engineering, construction, acquisition,
and/or inspection of the PID Projects, along with Administrative Expenses associated with the
PID.
PID Resolution means the resolution adopted by the Council creating the PID as recorded
in the real property records of Collin County, Texas.
Project and Finance Plan means a final TIRZ Project and Finance Plan approved and
adopted by the City in accordance with this Agreement as may be amended from time to time.
Public Infrastructure means all water, wastewater/sewer, detention and drainage, roadway,
park and trail, and other infrastructure necessary to serve the full development of the Project and/or
to be constructed by Developer and dedicated to the City under this Agreement. The term includes
but is not limited to the PID Projects and the Authorized Improvements.
Real Property Records means the official land recordings of the Collin County Clerk’s
Office.
Refunding Bonds means bonds issued pursuant to Section 372.027 of the PID Act.
Reimbursement Agreement means an agreement by and between the City and Developer
by which the Parties establish the terms by which Developer may obtain reimbursements for PID
Projects through the PID Bond Proceeds or Assessments for the respective Phase.
Service and Assessment Plan (“SAP”) means the service and assessment plan for the PID,
to be adopted and amended at least annually by the City Council pursuant to the PID Act for the
purpose of assessing allocated costs against portions of the Project located within the boundaries
of the PID having terms, provisions, and findings approved by the City, as required by the PID
Act and this Agreement.
TIRZ means a tax increment reinvestment zone encompassing any portion of the Property
to be created by the City pursuant to the TIRZ Act.
TIRZ Act means Chapter 311 of the Texas Tax Code, as amended.
TIRZ Documents means collectively the TIRZ Project and Finance Plan, the TIRZ
ordinance, and the TIRZ participation agreement(s) with other taxing entities, if applicable.
TIRZ Fund(s) means the fund(s) set up by the City in order to receive TIRZ funds in
accordance with this Agreement, the TIRZ Documents and state law.
TIRZ Revenue means the tax increment received by the City from the City property taxes
levied against the Property.
CHURCH TRACT DEVELOPMENT AGREEMENT PAGE 9
SECTION 3
PUBLIC IMPROVEMENT DISTRICTS
3.1 Creation of the PID; Levy of Assessments. The City shall use reasonable efforts to
initiate and approve all necessary documents, resolutions and ordinances, including without
limitation the PID Documents, required to effectuate this Agreement, to create the PID, and to levy
the Assessments. The City will prepare and approve a Preliminary Service and Assessment Plan
providing for the levy of the Assessments on the Property. Promptly following preparation and
approval of a preliminary SAP acceptable to the Parties and subject to the City Council making
findings that the PID Projects confer a special benefit on the Property, the City Council shall
consider an Assessment Ordinance. Developer shall develop the Property consistent with the
terms of this Agreement. Nothing contained in this Agreement, however, shall be construed as
creating a contractual obligation that controls, waives, or supplants the City Council’s legislative
discretion or functions.
3.2 Acceptance of Assessments and Recordation of Covenants Running with the Land.
Following the levy of the Assessments applicable to a particular Phase of the Project, the
Developer shall: (a) approve and accept in writing the levy of the Assessment(s) on all land owned
by the Developer and (b) cause covenants running with the land to be recorded against the portion
of the Property within the applicable Phase that will bind any and all current and successor
developers and owners of all or any part of such Phase of the Project to pay the Assessments, with
applicable interest and penalties thereon, as and when due and payable hereunder and that the
purchasers of such land take their title subject to and expressly assume the terms and provisions
of such Assessments and the liens created thereby. The covenants required to be recorded under
this paragraph shall be recorded substantially contemporaneously with the recordation of the plat
of the applicable Phase, except for the final SAP which will be recorded by the City upon its
approval in accordance with the PID Act. The Developer hereby acknowledges and accepts the
Home Buyer Disclosure Program.
SECTION 4
AUTHORIZED IMPROVEMENTS, PID PROJECTS, AND PUBLIC
INFRASTRUCTURE
4.1 PID Projects. Prior to the issuance of PID Bonds, the PID Projects, and PID Projects
Costs are subject to change as may be agreed upon by Developer and the City and, if changed,
shall be updated by Developer and the City consistent with the Service and Assessment Plan and
the PID Act. All approved final plats within the Property shall include those PID Projects located
therein and the respective PID Projects Costs shall be finalized before the applicable final plat is
approved by the City Council. Without limiting the foregoing, and on a Phase-by-Phase basis, as
applicable, PID Projects Costs, the timetable for installation of the PID Projects, and all other
pertinent information and data will be reviewed at least annually by the Parties in an annual update
of the Service and Assessment Plan adopted and approved by the City Council consistent with the
requirements of Section 372.013(b) of the PID Act.
4.2 Construction, Ownership, and Transfer of Authorized Improvements and Public
Infrastructure.
CHURCH TRACT DEVELOPMENT AGREEMENT PAGE 10
(a) Construction Standards and Inspection. Except as otherwise expressly set
forth in this Agreement, the Authorized Improvements and all other Public Infrastructure required
for the development of the Property shall be constructed and inspected in accordance with this
Agreement, the City Regulations, and any other governing body or entity with jurisdiction over
the Public Infrastructure. Developer agrees to cause all Public Infrastructure to be constructed in
a good and workmanlike manner. Upon request, the City shall provide “tax-exempt” letters to
Developer for use by all contractors, subcontractors, and suppliers installing Public Infrastructure
within the Property.
(b) Contract Letting. The Parties understand that construction of the
Authorized Improvements to be funded through Assessments are legally exempt from competitive
bidding requirements pursuant to the Texas Local Government Code. The Parties acknowledge
that, as of the Effective Date, the construction contracts for the construction of Authorized
Improvements have not been awarded and contract prices have not yet been determined. Before
entering into any construction contract for the construction of all or any part of the Authorized
Improvements, Developer's engineers shall prepare, or cause the preparation of, and submit to the
City all contract specifications and necessary related documents, including the contract proposal
showing the negotiated total contract price and scope of work.
(c) Ownership. All of the Authorized Improvements and Public Infrastructure
shall be owned by the City upon acceptance of them by the City. Developer agrees to take any
action reasonably required by the City to transfer or otherwise dedicate or ensure the dedication of
easements or property for the Authorized Improvements and Public Infrastructure to the City and
the public.
(d) Operation and Maintenance. Upon inspection, approval, and acceptance of
the Authorized Improvements, the City shall maintain and operate the accepted Authorized
Improvements.
(e) Applicability. Subsections (a)-(b), above, shall not apply to Public
Infrastructure that the City is obligated to fund and construct under this Agreement, if any.
4.3 Public Infrastructure, Generally. Except as otherwise expressly provided for in this
Agreement, Developer shall provide all Public Infrastructure necessary to serve the Project,
including without limitation streets, utilities, drainage, sidewalks, trails, street lighting, street
signage, and all other required improvements, at no cost to the City except as provided herein, and
in accordance with City Regulations, and as approved by the City’s Engineer or his/her designee.
Developer shall cause the installation of such improvements within all applicable time frames in
accordance with the City Regulations unless otherwise approved herein. Developer shall provide
engineering studies, plan/profile sheets, and other construction documents at the time of platting
as required by City Regulations. Such plans shall be approved by the City’s Engineer or his/her
designee prior to approval of a final plat. Construction of any portion of the Public Infrastructure
shall not be initiated until a pre-construction conference that includes a City representative has
been held regarding the proposed construction and City has issued a written notice to proceed.
4.4 Maintenance Bonds. Developer shall execute or cause to be executed a valid
maintenance bond in accordance with applicable City Regulations that guarantees the costs of any
CHURCH TRACT DEVELOPMENT AGREEMENT PAGE 11
repairs which may become necessary to any part of the construction work performed in connection
with the Public Infrastructure, arising from defective workmanship or materials used therein, for a
full period of two years from the date of final acceptance of the Public Infrastructure constructed
under any such contract(s).
4.5 Inspections, Acceptance of Public Infrastructure, and Developer’s Remedy. The
City shall inspect, as required by City Regulations, the construction of all Public Infrastructure
necessary to support the proposed development within the Property, including without limitation
water, sanitary sewer, drainage, streets, park facilities, electrical, and streetlights and signs. The
City’s inspections shall not release Developer from its responsibility to construct or ensure the
construction of adequate Authorized Improvements and Public Infrastructure in accordance with
approved engineering plans, construction plans, and other approved plans related to development
of the Property. From and after the inspection and acceptance by the City of the Public
Infrastructure and any other dedications required under this Agreement, such improvements and
dedications shall be owned by the City. Developer’s sole remedy for nonperformance of this
Agreement by the City shall be to seek specific performance and cost reimbursements pursuant to
the terms of this Agreement.
4.6 Insurance. The Developer or its contractor(s) shall acquire and maintain, during the
period of time when any of the Public Infrastructure is under construction (and until the full and
final completion of the Public Infrastructure and acceptance thereof by the City): (a) workers
compensation insurance in the amount required by law; and (b) commercial general liability
insurance including personal injury liability, premises operations liability, and contractual liability,
covering, but not limited to, the liability assumed under any indemnification provisions of this
Agreement, with limits of liability for bodily injury, death and property damage of not less than
$1,000,000.00. Such insurance shall also cover any and all claims which might arise out of the
Public Infrastructure construction contracts, whether by Developer, a contractor, subcontractor,
material man, or otherwise. Coverage must be on a “per occurrence” basis. All such insurance
shall: (i) be issued by a carrier which is rated “A 1” or better by A.M. Best’s Key Rating Guide
and licensed to do business in the State of Texas; and (ii) name the City as an additional insured
and contain a waiver of subrogation endorsement in favor of the City. Upon the execution of
Public Infrastructure construction contracts, Developer shall provide to the City certificates of
insurance evidencing such insurance coverage together with the declaration of such policies, along
with the endorsement naming the City as an additional insured. Each such policy shall provide
that, at least 30 days prior to the cancellation, non-renewal or modification of the same, the City
shall receive written notice of such cancellation, non-renewal or modification.
SECTION 5
ADDITIONAL OBLIGATIONS AND AGREEMENTS
5.1 Wastewater/Sanitary Sewer Facilities.
(a) Developer’s General Obligations. Developer is responsible for the design,
installation, and construction of the on-site wastewater/sanitary sewer improvements necessary to
serve the Property; provided that the Developer and the City’s Engineer may mutually agree to
modifications to the sizing and location of such improvements at the time of construction thereof
in accordance with the City’s then-existing master plans. The design of all wastewater/sanitary
CHURCH TRACT DEVELOPMENT AGREEMENT PAGE 12
sewer improvements shall be approved by the City in advance of the construction of same. Subject
to the City’s obligations under Section 5.19, the Developer shall be responsible for the acquisition
of any easements and other property acquisitions necessary for any on-site wastewater/sewer
facilities (the size and extent of each such easement or other property interest to be approved by
the City) for all development. The locations of said easements or other property interests shall be
approved by the City’s Engineer or his/her designee as part of the platting process. The costs of
obtaining such easements may be included in the applicable PID Projects Costs to be reimbursed
to Developer through the PID, as appropriate.
(b) Timing of Developer’s Obligations. Except as otherwise provided herein,
Developer shall complete in a good and workmanlike manner all on-site wastewater/sanitary sewer
improvements necessary to serve each Phase of the Project prior to the recordation of the final plat
covering such Phase; provided that the Developer may submit the final plat for any Phase prior to
the installation of such improvements if it executes an improvement agreement and provides
adequate security therefor in accordance with the City’s Subdivision Regulations.
5.2 Water Facilities.
(a) Developer’s General Obligations. Developer is responsible for design,
installation, and construction of the on-site water improvements necessary to serve the Property,
and certain major water improvements as generally described in Section 5.2 of the LH
Development Agreement, which the Developer has assumed the obligation to construct pursuant
to the Partial Assignment. The design of water improvements shall be approved by the City in
advance of the construction of same. Subject to the City’s obligations under Section 5.19,
Developer shall be responsible for the acquisition of any easements and other property acquisitions
necessary for water facilities (the size and extent of each such easement or other property interest
to be approved by the City) for all development upon and within the Property. The locations of
said easements or other property interests shall be approved by the City’s Engineer or his/her
designee as part of the platting process. The Developer’s costs of obtaining such easements may
be included in the applicable PID Projects Costs to be reimbursed to Developer through the PID.
(b) Timing of Developer’s Obligations. Except as otherwise provided herein,
Developer shall complete in a good and workmanlike manner all on-site water improvements
necessary to serve each Phase of the Project prior to the recordation of the final plat covering such
Phase; provided that the Developer may submit the final plat for any Phase prior to the installation
of such improvements if it executes an improvement agreement and provides adequate security
therefor in accordance with the City’s Subdivision Regulations.
(c) Major Water Lines.
(1) Pursuant to the LH Development Agreement, the Developer
shall construct the Major Water Lines (as such term is defined in the LH Development
Agreement), which Major Water Lines also benefit the Property, and obtain any Major
Water Line Easements (as such term is defined in the LH Development Agreement). The
City will reimburse the Developer for the costs of the Major Water Lines and the Major
Water Line Easements through the Impact Fee 380 Agreement (as such term is defined in
the LH Development Agreement).
CHURCH TRACT DEVELOPMENT AGREEMENT PAGE 13
(2) Any portion of the costs of any Major Water Line may be
included as a PID Project to the extent it confers a special benefit on the Property.
5.3 Water and Wastewater Services.
(a) The City represents and confirms that it currently has and reasonably
expects to continue to have the capacity to provide to the Property continuous and adequate retail
water and wastewater service at times and in capacities sufficient to meet the service demands of
the Project as it is developed.
(b) Upon acceptance by the City of the water and wastewater facilities
described herein, the City shall operate or cause to be operated said water and wastewater facilities
serving the Project and use them to provide service to all customers within the Project at the same
rates as similar projects located within the City. Upon acceptance by the City, the City shall at all
times maintain said water and wastewater facilities, or cause the same to be maintained, in good
condition and working order in compliance with all applicable laws and ordinances and all
applicable regulations, rules, policies, standards, and orders of any governmental entity with
jurisdiction over same.
5.4 Roadway Facilities and Drainage Improvements.
(a) Developer’s General Obligations. Developer is responsible for the design,
installation, and construction of all on-site roadway facilities required to serve the Property, and
certain major road improvements as generally depicted on “Exhibit I” of the LH Development
Agreement including the Mantua Parkway Road Improvements (as such term is defined in the LH
Development Agreement). The design of all roadway improvements shall be approved by the City
in advance of the construction of same.
(b) Timing of General Obligations. Prior to the recordation of any final plat for
any Phase of the Project, Developer shall complete, in a good and workmanlike manner,
construction of all on-site roadway facilities and related improvements necessary to serve such
Phase in accordance with construction plans approved by the City; provided that the Developer
may submit the final plat for any Phase prior to the installation of such improvements if it executes
an improvement agreement and provides adequate security therefor in accordance with the City’s
Subdivision Regulations. Thereafter, the roads shall be conveyed to the City for ownership and
maintenance.
(c) Drainage/Detention Infrastructure. Developer shall have full responsibility
for designing, installing, and constructing the drainage/detention infrastructure that will serve the
Property and the cost thereof and said infrastructure shall be designed and constructed in
accordance with applicable City Regulations. Prior to the recordation of the final plat for any
Phase of development, Developer shall complete in a good and workmanlike manner construction
of the drainage/detention improvements necessary to serve such Phase; provided that the
Developer may submit the final plat for any Phase prior to the installation of such improvements
if it executes an improvement agreement and provides adequate security therefor in accordance
with the City’s Subdivision Regulations. Upon inspection, approval, and acceptance, City shall
maintain and operate the drainage and roadway improvements for the Property. The HOA will
CHURCH TRACT DEVELOPMENT AGREEMENT PAGE 14
maintain and operate all detention facilities except to the extent expressly set forth to the contrary
in this Agreement.
(d) Reserved.
5.5 Infrastructure Oversizing. Developer shall not be required to construct or fund
any Public Infrastructure so that it is oversized to provide a benefit to land outside the Property
(“Oversized Public Infrastructure”) unless, by the commencement of construction, the City has
made arrangements to finance the City’s portion of the costs of construction attributable to the
oversizing required by the City from sources other than PID Bond Proceeds, funds from the TIRZ,
or Assessments. In the event Developer constructs or causes the construction of any Oversized
Public Infrastructure on behalf of the City, the City shall be solely responsible for all costs
attributable to the oversizing of the Oversized Public Infrastructure and the PID shall not be
utilized for financing the costs of Oversized Public Infrastructure that is attributable to the
oversizing of the Oversized Public Infrastructure.
5.6 Mandatory Homeowners Association. The Developer will create, in a manner
acceptable to the City, an HOA, which HOA, whether one or more, shall be required to levy and
collect from home owners within the Property annual fees in an amount calculated to maintain the
open spaces, common areas, hike and bike trails located in common areas, portions of which trails
will be open to the public, right-of-way irrigation systems, raised medians and other right-of-way
landscaping, and screening walls within the Property. Common areas including but not limited to
screening, landscaping, gardens, entrances to the Property and right-of-way landscaping shall be
maintained solely by the HOA. Maintenance of public rights-of-way landscaping and screening
by the HOA shall comply with City Regulations and the HOA shall be subject to enforcement by
the City.
5.7 Illustrative Layout; Concept Plan.
(a) The Illustrative Layout illustrates the approved development layout for the
Property but has not been engineered and does not represent the final design that will be approved
through the final platting process. Prior to approval of the Zoning, the Developer may revise the
Illustrative Layout through an administrative approval, provided the number of residential lots
shown on the Illustrative Layout does not increase by greater than five percent (5%), the numbers
of residential lots in each category shown on the Illustrative Layout does not increase by greater
than five percent (5%), and the amount of open space shown on the Illustrative Layout does not
decrease by greater than five percent (5%). Nothing in this paragraph shall preclude Developer
from applying directly to the City Council for approval of any Illustrative Layout revisions,
including revisions greater than the percentages listed herein. If the Developer submits a revised
Illustrative Layout as provided by this section and the City Manager or his/her designee determines
that the Illustrative Layout should be administratively approved, the City Manager or his or her
designee shall cause the revised Illustrative Layout to be attached to the official version of this
Agreement on file with the City’s Secretary’s office, and Developer shall record a memorandum
of the revised Illustrative Layout in the Real Property Records.
(b) A Concept Plan will be required as part of the zoning process identified in
Section 9.1 and the Concept Plan, once approved by the City, shall be deemed to fully supersede
CHURCH TRACT DEVELOPMENT AGREEMENT PAGE 15
and replace the Illustrative Layout for all purposes. Revisions to the Concept Plan that is part of
approval of zoning may be subsequently revised with approval by the City Council through the
normal zoning process.
(c) If the Developer submits a Concept Plan as provided by this section and the
City Manager or his/her designee determines that the Concept Plan should be administratively
approved, the City Manager or his or her designee shall cause the revised Concept Plan to be
attached to the official version of this Agreement on file with the City’s Secretary’s office, and
Developer shall record a memorandum of the revised Concept Plan in the Real Property Records.
5.8 Reserved.
5.9 Parkland Dedication Credit. The Developer is expected to construct trails and
dedicate such trails and open space as generally depicted on “Exhibit J” of the LH Development
Agreement (the “Trails and Open Space Acreage”). Provided the Developer causes such Trails and
Open Space Acreage to be dedicated for such purposes, Developer shall be deemed to have
satisfied all applicable parkland dedication or improvement requirements or fees required in lieu
thereof, of any kind whatsoever and no Park Fees shall be imposed on the Property.
5.10 Impact Fees. Impact Fees shall be assessed and collected on the Property at the
rates in effect at the time of submission of an application for a building permit. The City shall
collect Impact Fees from all third-party permit applicants within the Property. Upon the payment
of Impact Fees, such payments shall be sequestered into the separate account to be entitled “Liberty
Hills Impact Fee Account” to be created with the City pursuant to the LH Development Agreement
to facilitate the payment of the Eligible Infrastructure Grant described in Section 7.3(a) hereof.
5.11 Withholding of Building Permits, Etc. The City shall not be required to issue any
building permits or certificates of occupancy or provide utilities for any structure on the Property
until after final acceptance of any Public Infrastructure necessary to serve such Property; provided
that the City shall allow for the issuance of building permits for up to 10% of the single-family
building permits in any Phase of the Development once Developer has achieved fire safety (i.e.,
paving complete and water system/hydrants installed, tested and pressurized). To assist in the
determination as to whether building permits for any Phase of development should be issued,
Developer shall include all Public Infrastructure necessary to serve such Phase in the construction
plans required to be submitted under applicable City Regulations. Notwithstanding the foregoing,
the City shall not unreasonably withhold plat approval for any Phase of development and shall
issue building permits and certificates of occupancy and provide utilities for any structure on the
Property if the applicable Public Infrastructure other than the City Stub Line and the Off-Site
Sewer Trunk Lines is complete and pump and haul service is being provided pursuant to Section
5.3 of this Agreement.
5.12 Governing Regulations. Development of the Property shall be governed by the
following regulations (collectively, the “Governing Regulations,” all of which are incorporated
into this Agreement as if set forth in full):
(a) City Code, Article 9.02, the subdivision regulations of the City, in effect on
the Effective Date (the “Subdivision Regulations”);
CHURCH TRACT DEVELOPMENT AGREEMENT PAGE 16
(b) except as amended by the Development Standards (defined below), the
comprehensive zoning ordinance of the City, in effect on the Effective Date (the “Zoning
Ordinance”);
(c) City Code, Article 9.05, in effect on the Effective Date (the “Sign
Ordinance”);
(d) the Illustrative Layout set forth on Exhibit C, the development regulations
for the Property set forth in the Liberty Hills PD Ordinance (except as otherwise approved in
accordance with Section 5.14 in the event of conflicts), and the tree preservation standards set forth
in Exhibit D (which shall control for the Property) (the “Development Standards”);
(e) upon annexation pursuant to Section 9.1, the uniform building codes, as
amended from time to time, including any local amendments thereto adopted by the City (the
“Building Codes”). The term “Building Codes,” as applied to a particular building shall mean the
Building Codes in effect on the date the first application is filed for a building permit for the
building in question. For the avoidance of doubt, the Building Codes shall only apply to the
Property from and after annexation of the Property. As it relates solely to Property Public
Infrastructure for any given Phase of the Project—notwithstanding any provision of this
Agreement—the applicable construction standards (including, without limitation, the Building
Codes) shall be those that the City has duly adopted at the time of the filing of an application for
a preliminary plat for such Phase containing the Property Public Infrastructure in question; and
(f) except as set forth in this Agreement to the contrary, any other applicable
provisions of Chapter 4 (Building Regulations), Chapter 6 (Fire Prevention and Protection),
Chapter 9 (Planning and Development Regulations), Chapter 12 (Utilities) and Appendix A (Fee
Schedule) of the City Code in effect on the Effective Date.
The Governing Regulations are the controlling regulations for development of the
Property, and no other City Regulations, rules, standards, policies, orders, guidelines, or other
City-adopted or City-enforced requirements of any kind (including but not limited to any
moratorium adopted by the City) apply to the use or development of the Property to the extent
such regulations or requirements are in conflict with the Governing Regulations or this Agreement.
The Governing Regulations are considered part of this Agreement and are incorporated herein by
reference for all purposes.
5.13 Compliance with Materials and Methods Regulations. It is expressly understood
that the City Regulations (as amended by the Governing Regulations and this Agreement) are
enforceable as relates to the Property and its use and development, including but not limited to any
such City Regulations that would otherwise be unenforceable under Chapter 3000 of the Texas
Government Code (“Materials and Methods Regulations”) and the Material and Methods
Regulations are incorporated herein as if set forth in full; provided, however, to the extent of any
conflict between the requirements of the Materials and Methods Regulations and the requirements
of this Agreement, this Agreement shall control. The Zoning Ordinance shall also be considered
to be Materials and Methods Regulations to the extent that its requirements and restrictions would
otherwise be unenforceable under Chapter 3000 of the Texas Government Code.
CHURCH TRACT DEVELOPMENT AGREEMENT PAGE 17
5.14 Conflicts. When not in conflict with the terms and conditions of this Agreement,
the development of the Property shall be subject to all applicable City Regulations, including but
not limited to the City’s subdivision regulations and engineering design standards. In the event of
any conflict between the Development Standards and the Zoning Ordinance, Sign Ordinance, or
Building Codes, the Development Standards shall control until the PD Zoning (as defined herein)
has been approved by the City. After the PD Zoning has been approved for the Property, in the
event of a conflict between the PD Zoning and the Development Standards, the Zoning Ordinance,
Sign Ordinance, or Building Codes, the PD Zoning shall control, and no amendment to the PD
Zoning shall require an amendment to this Agreement. In the event of a conflict between the
Governing Regulations and the City Regulations, the Governing Regulations shall control. In the
event of any conflict between this Agreement and any other ordinance, rule, regulation, standard,
policy, order, guideline or other City-adopted or City-enforced requirement, whether existing on
the Effective Date or hereinafter adopted, unless otherwise agreed by the Parties, this Agreement
shall control. In the event of any conflict between the Illustrative Layout and the remainder of the
Development Standards, the remainder of the Development Standards shall control. In the event
of any conflict between any future Concept Plan and the Development Standards, the Development
Standards shall control (except for modifications to the Illustrative Layout that are allowed
pursuant to the terms of the Development Standards and/or Zoning Ordinance).
5.15 Phasing. The Property may be developed in Phases and Developer must submit the
appropriate plat(s) for each Phase, and, if permitted under applicable law, may submit a replat or
amending plat for all or any portions of the Property. Any plat, replat or amending plat shall be in
conformance with applicable City Regulations and be subject to City approval.
5.16 Vested Rights. This Agreement shall constitute a “permit” (as defined in
Chapter 245) that is deemed filed with the City on the Effective Date.
5.17 Approval of Plats/Plans. Approval by the City, the City’s engineer, or other City
employee or representative, of any plans, designs, or specifications submitted by Developer
pursuant to this Agreement or pursuant to applicable City Regulations shall not constitute or be
deemed to be a release of the responsibility and liability of Developer, its engineers, employees,
officers, or agents for the accuracy and competency of their design and specifications. Further, any
such approvals shall not be deemed to be an assumption of such responsibility and liability by the
City for any defect in the design and specifications prepared by Developer or Developer’s
engineers, or their respective officers, agents, servants or employees, it being the intent of the
Parties that approval by the City’s Engineer or his/her designee signifies approval on only the
general design concept of the improvements to be constructed.
5.18 Agricultural Exemption. The City acknowledges that some or all of the Property
may now have or may in the future have an agricultural, timber, or wildlife management use tax
classification, and the City may not request removal of any such tax classification until PID Bonds
secured by Assessments levied on the Property are issued to pay for the costs of the PID Projects
and related costs, notwithstanding any waiver of such exemption for other political subdivisions
or public entities.
5.19 Eminent Domain. The Developer agrees to use commercially reasonable efforts
to obtain all third-party rights-of-way, consents, or easements, if any, required for the Public
CHURCH TRACT DEVELOPMENT AGREEMENT PAGE 18
Infrastructure. If, however, the Developer is unable to obtain such third-party rights-of-way,
consents, or easements within ninety (90) days of sending an initial offer to the owner of such
property to purchase the needed easements and right-of-way, the City agrees to take reasonable
steps to secure same (subject to City Council authorization after a finding of public necessity)
through the use of the City’s power of eminent domain. The City shall request and order any
appraisal required in connection with the Developer’s (if requested by the Developer) or the City’s
acquisition of such third-party rights-of-way, consents, or easements as described in the preceding
two sentences, and the Developer shall pay the costs of such appraisal. The Developer shall be
responsible for funding all reasonable and necessary legal proceeding/litigation costs, attorney’s
fees and related expenses, and appraiser and expert witness fees (collectively, “Eminent Domain
Fees”) actually incurred by the City in the exercise of its eminent domain powers that for any
reason are not funded by the PID Bond Proceeds and shall escrow with a mutually agreed upon
escrow agent the City’s reasonably estimated Eminent Domain Fees both in advance of the
initiation of each eminent domain proceeding and as funds are needed by the City. Provided that
the escrow fund remains appropriately funded in accordance with this Agreement, the City will
use all reasonable efforts to expedite such condemnation procedures so that the Public
Infrastructure can be constructed as soon as reasonably practicable. If the City’s Eminent Domain
Fees exceed the amount of funds escrowed in accordance with this paragraph, the Developer shall
deposit additional funds as requested by the City into the escrow account within ten (10) days after
written notice from the City. Any unused escrow funds will be refunded to the Developer within
thirty (30) days after any condemnation award or settlement becomes final and non-appealable.
Nothing in this section is intended to constitute a delegation of the police powers or governmental
authority of the City, and the City reserves the right, at all times, to control its proceedings in
eminent domain.
To the extent Eminent Domain Fees are paid by the Developer, the Developer may seek
reimbursement of any or all eligible Eminent Domain Fees from PID Bonds, or if PID Bonds are
not issued, Assessments.
5.20 City PID Fee. The City PID Fee shall be in an amount calculated in accordance
with the City PID Policy and be based upon the number of single-family residential lots included
within the applicable Phase of the Project that are being assessed. As relates to the City PID Fee
or any portion thereof required to be paid to the City, Developer shall deposit such amount in an
identifiable escrow account that contains the full amount (or, if applicable, a reduced portion
thereof) of the City PID Fee (the “City PID Fee Account”) for a particular Phase of Development
and shall provide proof of such deposit to the City at least seven (7) business days before the
posting of a preliminary offering document for any series of PID Bonds for such Phase of
Development. The Developer shall not withdraw from or otherwise reduce or in any manner
encumber the amount deposited into the City PID Fee Account for at least 60 days once deposited
except that not later than seven (7) business days after the closing and delivery of PID Bonds for
such Phase of Development, Developer shall release the full amount in the City PID Fee Account
to the City.
Fifty percent (50%) of the City PID Fees collected by the City (the “PID Fee Contribution”)
shall be placed in a separate and identifiable interest-bearing account held by the City and not
commingled with any other funds. The PID Fee Contribution shall be used to provide additional
funds to reimburse the Developer in an amount up to the actual cost to design and construct
CHURCH TRACT DEVELOPMENT AGREEMENT PAGE 19
Standridge Boulevard (as defined in the LH Development Agreement) and the Mantua Parkway
Road Improvements (as defined in the LH Development Agreement) to the extent such actual costs
have not been paid through the Impact Fee 380 Agreement; provided, however, that if Developer
has not completed construction of all four lanes of Standridge Boulevard on or before December
31, 2029 (the “Standridge Deadline”), then Developer shall forfeit entitlement to the PID Fee
Contribution and the City may retain and utilize same for any lawful purpose. Provided that
Developer meets the Standridge Deadline: (1) the PID Fee Contribution amount on deposit with
the City shall be paid to Developer within thirty (30) days of Developer’s written request for same;
and (2) the Developer shall be credited fifty percent (50%) of City PID Fees that would otherwise
be due in association with any series of PID Bonds issued after the Standridge Deadline has been
met such that the Developer need only pay fifty percent (50%) of the City PID Fee.
Notwithstanding the foregoing and only if Developer has not forfeited its entitlement to the PID
Fee Contribution as described above, the PID Fee Contribution shall be used solely to reimburse
developer for the costs identified in this paragraph and only to the extent such costs have not been
paid to the Developer under the Impact Fee 380 Agreement.
5.21 Rental Property. Developer shall not knowingly sell a total of more than five
percent (5%) of the total number of single-family lots projected to be within the Project to
“institutional investors” that intend to own and rent or lease single-family residences within the
Project. An “institutional investor” shall mean an entity that intends or desires to purchase more
than five (5) single-family lots within the Project and constructs or causes to be constructed homes
thereon for rental or leasing purposes.
SECTION 6
PID BONDS
6.1 PID Bond Issuance. Subject to the satisfaction of conditions set forth in this Section,
the City may issue PID Bonds solely for the purposes of acquiring or constructing PID Projects.
Developer may request issuance of PID Bonds by filing with the City a list of the PID Projects to
be funded with the PID Bonds and the estimated costs of such PID Projects. Developer
acknowledges that the City may require at that time a professional services agreement that
obligates Developer to fund the costs of the City’s professionals relating to the preparation for and
issuance of PID Bonds, which amount shall be agreed to by the Parties and considered a cost
payable from such PID Bonds. The issuance of PID Bonds is subject to the following conditions:
(1) The City has determined that (a) there will be no negative impact on the
City’s creditworthiness, bond rating, access to or cost of capital, or potential for liability and
(b) the PID Bonds assessment level, structure, terms, conditions and timing of the issuance
of the PID Bonds are reasonable for the PID Projects Costs to be financed and that there is
sufficient security for the PID Bonds to be creditworthy.
(2) All costs incurred by the City that are associated with the administration of
the PID shall be paid out of special assessment revenue levied against property within the
PID. City administration costs shall include without limitation those associated with
continuing disclosure, compliance with federal tax law, agent fees, staff time, regulatory
reporting and legal and financial reporting requirements.
CHURCH TRACT DEVELOPMENT AGREEMENT PAGE 20
(3) The adoption of a Service and Assessment Plan and an Assessment
Ordinance levying assessments on all or any portion of the Property benefitted by such PID
Projects in amounts sufficient to pay all costs related to such PID Bonds.
(4) If requested by the City, delivery of an Independent Appraisal to the City
confirming that the special benefits conferred on the properties being assessed for the PID
Projects increase the value of the property by an amount at least equal to the amount assessed
against such property.
(5) Approval by the Texas Attorney General of the PID Bonds and registration
of the PID Bonds by the Comptroller of Public Accounts of the State of Texas.
(6) Developer is current on all taxes, assessments, fees and obligations to the
City including without limitation payment of Assessments.
(7) Developer is not in material default under this Agreement or any other
agreement with the City.
(8) No outstanding PID Bonds are in default and no reserve funds established
for outstanding PID Bonds have been drawn upon that have not been replenished.
(9) The Administrator has certified that the specified portions of the costs of
the PID Projects to be paid from the proceeds of the PID Bonds are eligible to be paid with
the proceeds of such PID Bonds; therewith, such approval not to be unreasonably withheld,
conditioned or delayed upon presentation of a certificate in compliance with the applicable
Indenture.
(10) The PID Projects to be financed by the PID Bonds have been or will be
constructed according to the approved Development Standards imposed by this Agreement
including without limitation any applicable Governing Regulations and/or City Regulations.
(11) The maximum maturity for each issuance of PID Bonds shall not exceed 30
years from the date of delivery thereof.
(12) The final maturity for any PID Bonds shall be not later than 50 years from
the Effective Date.
(13) The City has determined that the PID Bonds meet all regulatory and legal
requirements applicable to the issuance of the PID Bonds.
(14) If the applicable portion of PID Projects has not already been constructed
and to the extent PID Bond Proceeds are insufficient to fund such PID Projects Cost, plus
private costs to reach final lot completion, the City may require the Developer to, at time of
closing the PID Bonds, provide evidence of (i) available funds to the Developer or any
corporate parent of the Developer and made available to the Developer, (ii) evidence of
financial security from a Lender (as defined herein) of loan funds available under a loan,
letter of credit or other credit facility extended to the Developer or any corporate parent of
the Developer and made available to the Developer by a financial institution or other lender
CHURCH TRACT DEVELOPMENT AGREEMENT PAGE 21
(a “Lender”) for the purpose of development of the Authorized Improvements, equal to or
greater than the difference between the PID Projects Costs plus private costs to reach final
lot completion, and the PID Bond Proceeds available to fund such PID Projects Costs (and
private costs to reach final lot completion) or (iii) a completion agreement from any party
serving as a Developer that is a publicly traded or publicly listed company or homebuilder;
or any combination of (i), (ii) or (iii) in the discretion of the City. If so required by the City,
and the Developer provides evidence of available funds or fiscal security as described in the
preceding sentence in connection with a series of PID Bonds, the Developer shall not be
required to provide any up front cash deposit to fund the applicable PID Projects not
otherwise funded through the applicable series of PID Bonds.
(15) No information regarding the City, including without limitation financial
information, shall be included in any offering document relating to PID Bonds without the
consent of the City.
(16) Developer agrees to provide periodic information and notices of material
events regarding Developer and Developer’s development of the Project and any continuing
disclosure agreements executed by Developer in connection with the issuance of PID Bonds.
(17) Developer is not in default under a Developer Continuing Disclosure
Agreement.
(18) The issuance of any Refunding Bonds, the amount of assessment necessary
to pay the Refunding Bonds shall not exceed the remaining principal amount of the
assessments that were levied to pay the PID Bonds that are being refunded.
(19) The gross tax equivalent rate for the annual installments of the Assessments
shall not exceed $1.35 per $100.00 of taxable assessed valuation prior to application of the
TIRZ Revenue (which maximum total tax equivalent rate shall be measured based on the
estimated build out value of the applicable Property), without prior written consent of the
City, in its sole discretion, which written consent may be evidenced by the City’s adoption
of an Assessment Ordinance without the necessity of amending this Agreement.
(20) Unless otherwise agreed to by the City, the value to lien ratio for
Assessments securing PID Bonds shall not be less than 2:1; provided that the City may allow
for a lesser ratio through the adoption of a resolution, Bond Ordinance, Assessment
Ordinance or other applicable council action that authorizes a lesser value to lien ratio
without the necessity of amending this Agreement.
(21) Developer has provided proof reasonably satisfactory to the City that the
City PID Fee (or portion thereof, as applicable) has been deposited into the City PID Fee
Account in accordance with Section 5.20.
(22) Developer and the City shall have entered into a Reimbursement Agreement
with respect to the Phase primarily benefitted by such PID Bonds.
6.2 Disclosure Information. Prior to the issuance of PID Bonds by the City, Developer
agrees to provide all relevant information, including financial information, that is reasonably
CHURCH TRACT DEVELOPMENT AGREEMENT PAGE 22
necessary in order to provide potential bond investors with a true and accurate offering document
for any PID Bonds. Developer agrees, represents, and warrants that any information provided by
Developer for inclusion in a disclosure document for an issue of PID Bonds will not, to
Developer’s actual knowledge, contain any untrue statement of a material fact or omit any
statement of material fact required to be stated therein or necessary to make the statements made
therein, in light of the circumstances under which they were made, not misleading, and Developer
further agrees that it will provide a certification to such effect as of the date of the closing of any
PID Bonds.
6.3 Tax Certificate. If, in connection with the issuance of the PID Bonds, the City is
required to deliver a certificate as to tax exemption (a “Tax Certificate”) to satisfy requirements of
the United States Internal Revenue Code, Developer agrees to provide, or cause to be provided,
such facts and estimates as the City reasonably considers necessary to enable it to execute and
deliver its Tax Certificate. Developer represents that such facts and estimates will be based on its
reasonable expectations on the date of issuance of the PID Bonds and will be, to the best of the
knowledge of the officers of Developer providing such facts and estimates, true, correct and
complete as of such date. To the extent that it exercises control or direction over the use or
investment of the PID Bond Proceeds, including, but not limited to, the use of the PID Projects,
Developer further agrees that it will not knowingly make, or permit to be made, any use or
investment of such funds that would cause any of the covenants or agreements of the City
contained in a Tax Certificate to be violated or that would otherwise have an adverse effect on the
tax-exempt status of the interest payable on the PID Bonds for federal income tax purposes.
SECTION 7
TAX INCREMENT REINVESTMENT ZONE; CHAPTER 380 GRANT
7.1 Tax Increment Reinvestment Zone. Prior to the issuance of the first series of PID
Bonds, the City will consider creation of a TIRZ including the Property, which TIRZ may include
property subject to the LH Development Agreement. The base year of any subzone of the TIRZ
shall be the year in which the TIRZ is created. The City agrees to use not less than fifty percent
(50%) of the ad valorem tax increment generated in the TIRZ (the “Tax Increment”), for a period
of up to forty (40) years (the “City Participation”) for the purposes described in this paragraph.
The Tax Increment generated on the Property included in the TIRZ shall be used for (i) first, to
pay the Administrative Expenses for the TIRZ and (ii) second to, on a parcel-by-parcel basis, offset
or pay a portion of any Assessment levied on assessed parcels for the costs of Authorized
Improvements.
The Developer agrees to use reasonable efforts to obtain Collin County’s participation in
the TIRZ, and the City agrees to provide any necessary support for such efforts.
7.2 TIRZ Funds. In accordance with the Project and Finance Plan, the Tax Increment
obtained from the TIRZ subzones shall be placed into a accounts as appropriate and shall be used
as described above.
7.3 Chapter 380 Grant.
CHURCH TRACT DEVELOPMENT AGREEMENT PAGE 23
(a) Eligible Infrastructure Grant. In consideration of the Developer’s
agreement to construct certain authorized improvements as set forth in the LH Development
Agreement, the City agreed to provide the Eligible Infrastructure Grant (as such term is defined in
the LH Development Agreement) to reimburse the Developer for the costs of the Eligible
Infrastructure (as such term is defined in the LH Development Agreement) in accordance with the
LH Development Agreement and an Impact Fee 380 Agreement (as defined in the LH
Development Agreement). In consideration for the Developer’s agreements contained herein to
construct the Authorized Improvements, the City agrees to include the Impact Fees collected from
the Property as part of the funds available to pay the Eligible Infrastructure Grant.
SECTION 8
PAYMENT AND REIMBURSEMENT OF PID PROJECTS
8.1 Payment of Costs of PID Projects. The Parties understand that PID Bond Proceeds
and/or the proceeds from Assessments will be used to reimburse the Developer for certain PID
Projects Costs related to the PID Projects and, in the event PID Bond Proceeds and/or proceeds
from Assessments are not available at the time that all or a portion of the PID Projects are
substantially complete and the City is ready to accept said PID Projects or portion thereof, PID
Bond Proceeds and/or proceeds from Assessments, once available, will be used to reimburse
Developer for said PID Projects Cost following acceptance by the City. Such reimbursement will
be governed by the terms of the Reimbursement Agreement to be entered into between the
Developer and the City for the applicable Phase.
8.2 Improvement Account of the Project Fund and Developer Improvement Account.
The Improvement Accounts of the Project Fund and the Developer Improvement Account shall be
administered and controlled by the City, together with the trustee appointed by the City pursuant
to the applicable Indenture, and funds in the Improvement Account of the Project Fund and the
Developer Improvement Account shall be deposited and disbursed in accordance with the terms
of the respective Indenture.
8.3 Cost Overrun. If the total PID Projects Cost for any Phase of development exceeds
the total amount of monies on deposit in the Improvement Account of the Project Fund and the
Developer Improvement Account (a “Cost Overrun”), Developer shall be solely responsible for
the Cost Overrun, except as provided in Section 8.4 below.
8.4 Cost Underrun. If, upon the completion of construction of an PID Project (or
segment or section thereof) and payment or reimbursement for such PID Project (or segments or
section thereof), there are Cost Underruns, any remaining Budgeted Cost(s) may be available to
pay Cost Overruns on any other PID Project. The elimination of a category of PID Projects as set
forth in the Service and Assessment Plan will require an amendment to the SAP Prior to the
completion of all of the PID Projects within an improvement category, as listed in the applicable
SAP and the PID, funds available from an improvement category (e.g., water, sanitary sewer,
roadway, soft costs, etc.) may be used as Cost Underruns and applied to another improvement
category in consultation with the Administrator and approval of the City Manager. If, upon
completion of the PID Projects in any improvement category, there are funds remaining in any
improvement categories, those funds can then be used to reimburse the Developer for any
qualifying costs of the PID Projects that have not been previously paid.
CHURCH TRACT DEVELOPMENT AGREEMENT PAGE 24
SECTION 9
ANNEXATION AND POST-ANNEXATION MATTERS
9.1 Annexation.
(a) Annexation Generally. Within 60 days after the Developer’s acquisition of
the Property, the Developer shall submit a voluntary annexation petition for the Property. This
Agreement constitutes the service plan agreement for providing City services to any annexed
portion of the Property (the “Annexed Property”) as described in Section 9.1(e). If the City is
unable to complete the annexation of any Annexed Property for any reason, including but not
limited to procedural error or legal challenge, Developer shall execute another voluntary
annexation petition for the Annexed Property within ten (10) days of being requested to do so.
Should the City fail to complete the annexation of the Property in accordance with this
Agreement, Developer shall have the right to terminate this Agreement with notice to the City
and, upon such termination, the Property shall be immune to involuntary annexation by the City
for a period of thirty (30) years thereafter regardless of any change of law.
(b) Zoning. The City shall, subject to Section 9.1(a) in accordance with
applicable statutory requirements, take all steps necessary to complete the annexation of the
Property immediately prior to the ordinance adopting the PD Zoning (as defined herein). After or
in conjunction with the annexation of the ETJ Property, the City shall consider planned
development zoning for the Property (whether such zoning is achieved pursuant to an amendment
to the Liberty Hills PD Ordinance or a separate ordinance) consistent with the Development
Standards, the Illustrative Layout or Concept Plan, and this Agreement (the “PD Zoning”). To
facilitate such PD Zoning, the Developer agrees to submit a zoning application within thirty days
after the Effective Date. The Parties agree that the Illustrative Layout attached hereto as Exhibit
C, the Development Standards, together with the Governing Regulations, City Regulations, and
the applicable provisions of this Agreement memorialize the plan for development of the Property
as of the Effective Date. Through this Agreement, Developer expressly consents and agrees to
the PD Zoning of the Property, to the extent the Property is in the City’s corporate limits. Any
such zoning of the Property shall otherwise be in accordance with all procedures set forth in the
applicable City Regulations. Should the City Council fail—within 90 days after submittal of a
complete and sufficient zoning application—to approve the PD Zoning on the Property in
accordance with this Agreement through no fault of the Developer, or approve zoning on the
Property that is in any way more restrictive than the PD Zoning without the Developer’s consent
through no fault of the Developer, then the Developer shall have the right to terminate this
Agreement with notice to the City provided that such notice is provided in accordance with this
Agreement within 60 days of such action or inaction by the City Council. Within thirty (30) days
following delivery of such termination notice, the City shall disannex the applicable portion of
the Property from the City. Notwithstanding the foregoing or any other provision of this
Agreement, Developer’s failure to submit a zoning application and Concept Plan that complies
with all provisions of the Zoning Ordinance applicable to the submittal of a zoning application
and Concept Plan shall be deemed a failure to submit a complete and sufficient zoning application
provided that the City provide notice within 45 days of such a submittal stating each deficiency
that Developer shall be required to cure in order for such zoning application and Concept Plan be
processed and considered for approval. No disannexation shall be required if Developer fails to
cure the zoning application as set forth in this paragraph.
CHURCH TRACT DEVELOPMENT AGREEMENT PAGE 25
(c) Disannexation; Creation of Municipal Utility District. In the event PID
Bonds for a particular Phase of the Project are not issued as a result of any act or omission of the
City, including the City’s refusal to issue such PID Bonds, and by no fault of the Developer, and
a period of ninety days to cure such non-occurrence has passed after the Developer provides
written notice of such non-occurrence, then (a) the City shall—if the Developer petitions for
disannexation—disannex the applicable portion of the Property from the City and any remaining
portion of the Property for which PID Bonds have not been issued within thirty (30) days of the
filing of the disannexation petition by Developer and such property shall thereafter be immune to
involuntary annexation by the City for a period of thirty (30) years and (b) the Developer shall
provide notice to the City of its intent to form a municipal utility district or similar utility or
improvement district created by special act of the Texas Legislature or the TCEQ or, if necessary,
any other agency with jurisdiction (a “MUD”) on the portion of the Property disannexed pursuant
to this paragraph and upon such notice, the City shall be deemed to have consented to the
formation of the MUD with no further action of the City or City Council required; provided that
the City shall take any necessary steps or provide any documents necessary to evidence the City’s
consent to the TCEQ, the Texas Attorney General or other agency or body with regulatory powers
over the MUD. If PID Bonds have issued for prior Phases of the Property or assessments been
levied, those Phases shall remain within the limits of City. For the avoidance of doubt and
notwithstanding the foregoing or any other provision of this Agreement, this paragraph shall not
apply and disannexation shall not be required in the event that PID Bonds for a particular Phase
of the Project are not issued by the City because the conditions and requirements set forth in
Section 6.1 that are in the reasonable control of the Developer, which provisions shall solely
include items (7), (8), (11), (15), (17), (18), (22), and (23) set forth under Section 6.1, and in and
Section 6.2 have not been satisfied by the Developer.
(d) Survival. In the event Developer terminates this Agreement in accordance
with this Section 9, Developer’s rights and remedies under this Section 9, including disannexation
and the ETJ Property’s immunity to future involuntary annexation, shall survive such termination.
(e) Agreement for Services. Pursuant to Section 43.0672, Texas Local
Government Code, this Agreement shall constitute an agreement for the provision of services to
the ETJ Property and, except as expressly provided otherwise herein, the City shall, immediately
upon the effective date of any annexation, provide the Property with all those municipal services
currently offered within the City, including those which may be offered in the future, without
discrimination. The Developer is not required to enter into this Agreement. The annexation
procedures described in plain language in this Agreement require the Developer’s consent. The
Parties acknowledge and agree that this Agreement shall satisfy the written disclosure
requirements under Section 212.172(b-1) of the Texas Local Government Code.
SECTION 10
EVENTS OF DEFAULT; REMEDIES
10.1 Events of Default. No Party shall be in default under this Agreement until notice of
the alleged failure of such Party to perform has been given in writing (which notice shall set forth
in reasonable detail the nature of the alleged failure) and until such Party has been given a
reasonable time to cure the alleged failure (such reasonable time to be determined based on the
nature of the alleged failure, but in no event more than thirty (30) days (or any longer time period
CHURCH TRACT DEVELOPMENT AGREEMENT PAGE 26
to the extent expressly stated in this Agreement as relates to a specific failure to perform) after
written notice of the alleged failure has been given. Notwithstanding the foregoing, no Party shall
be in default under this Agreement if, within the applicable cure period, the Party to whom the
notice was given begins performance and thereafter diligently and continuously pursues
performance until the alleged failure has been cured. Notwithstanding the foregoing, however, a
Party shall be in default of its obligation to make any payment required under this Agreement if
such payment is not made within twenty (20) business days after it is due.
10.2 Remedies. As compensation for the other party's default, an aggrieved Party is
limited to seeking specific performance of the other party's obligations under this Agreement.
10.3 Performance Window; Election to Terminate. In the event that Developer does not
request that the City issue the initial series of PID Bonds on or before December 31, 2027, none
of the Parties hereto shall thereafter be required to perform under this Agreement and this
Agreement will terminate. If this Agreement is terminated under this Section 10.3, if a PID has
been created, the owner of the applicable Property must within 30 days of such termination file or
caused to be filed with the City an irrevocable petition by the owners of the applicable Property to
dissolve the PID and shall thereafter promptly undertake any and all reasonable and necessary
actions to facilitate the dissolution of the PID. Notwithstanding any provision of this Agreement,
the obligations of any owner of Property regarding the dissolution of the PID in accordance with
this Section 10.3 shall survive the termination of this Agreement.
SECTION 11
ASSIGNMENT; ENCUMBRANCE
11.1 Assignment. This Agreement shall be binding upon and inure to the benefit of the
successors and assigns of the Parties hereto. The obligations, requirements, or covenants to
develop the Property subject to this Agreement shall be assignable, in whole or in part, by the
Developer, with the prior written consent of the City. The City’s consent to such assignment shall
not be unreasonably withheld. Notwithstanding the foregoing, the Developer has the right from
time to time, without the consent of but with written notice to the City, to assign this Agreement
in whole or in part to (i) any person or entity that is or will become an owner of any portion of the
Property, to the extent of such assignee’s ownership of the Property, (ii) any entity formed in which
the Developer or any principal of the Developer retains an ownership interest of at least fifty-one
percent (51%), any subsidiary of the Developer, or any entity that is under common control with
or controlled by the Developer, (iii) or any lien holder on the Property. An assignee shall be
considered a “Party” for the purposes of this Agreement. Each assignment shall be in writing
executed by the Developer and the assignee and shall obligate the assignee to be bound by this
Agreement to the extent this Agreement applies or relates to the obligations, rights, title, or
interests being assigned. No assignment by the Developer shall release the Developer from any
liability that resulted from an act or omission by the Developer that occurred prior to the effective
date of the assignment unless the City approves the release in writing. The Developer shall
maintain written records of all assignments made by the Developer to assignees, including a copy
of each executed assignment and, upon written request from any Party or assignee, shall provide a
copy of such records to the requesting person or entity, and this obligation shall survive the
assigning Party’s sale, assignment, transfer, or other conveyance of any interest in this Agreement
or the Property.
CHURCH TRACT DEVELOPMENT AGREEMENT PAGE 27
11.2 Assignees as Parties. An Assignee authorized in accordance with this Agreement
and for which notice of assignment has been provided in accordance herewith shall be considered
a “Party” for the purposes of this Agreement. With the exception of: (a) the City, (b) an End User,
(c) a purchaser of a Fully Developed and Improved Lot, any person or entity upon becoming an
owner of land within the PID or upon obtaining an ownership interest in any part of the Property
shall be deemed to be a “Developer” and have all of the rights and obligations of Developer as set
forth in this Agreement and all related documents to the extent of said ownership or ownership
interest.
11.3 Third Party Beneficiaries. Except as otherwise provided herein, this Agreement
inures to the benefit of, and may only be enforced by, the Parties. No other person or entity shall
have any right, title, or interest under this Agreement or otherwise be deemed to be a third-party
beneficiary of this Agreement.
11.4 Notice of Assignment. Subject to Section 11.1 of this Agreement, the following
requirements shall apply in the event that the Developer sells, assigns, transfers, or otherwise
conveys the Property or any part thereof and/or any of its rights or benefits under this Agreement:
(i) the Developer must provide written notice to the City to the extent required under Section 11.1;
(ii) said notice must describe the extent to which any rights or benefits under this Agreement will
be sold, assigned, transferred, or otherwise conveyed; (iii) said notice must state the name, mailing
address, telephone contact information, and, if known, email address, of the person(s) that will
acquire any rights or benefits as a result of any such sale, assignment, transfer or other conveyance;
and (iv) said notice must be signed by a duly authorized person representing the Developer and a
duly authorized representative of the person that will acquire any rights or benefits as a result of
the sale, assignment, transfer or other conveyance.
SECTION 12
GENERAL PROVISIONS
12.1 Recitals. The recitals contained in this Agreement: (a) are true and correct as of the
Effective Date; (b) form the basis upon which the Parties negotiated and entered into this
Agreement; (c) reflect the final intent of the Parties with regard to the subject matter of this
Agreement; and (d) are fully incorporated into this Agreement for all purposes. In the event it
becomes necessary to interpret any provision of this Agreement, the intent of the Parties, as
evidenced by the recitals, shall be taken into consideration and, to the maximum extent possible,
given full effect. The Parties have relied upon the recitals as part of the consideration for entering
into this Agreement and, but for the intent of the Parties reflected by the recitals, would not have
entered into this Agreement.
12.2 Acknowledgments. In negotiating and entering into this Agreement, the Parties
respectively acknowledge and understand that:
(a) The Developer’s obligations hereunder are primarily for the benefit of the
Property;
(b) the improvements to be constructed and the open space dedications and
donations of real property that Developer is obligated to set aside and/or dedicate under this
CHURCH TRACT DEVELOPMENT AGREEMENT PAGE 28
Agreement will benefit the Project by positively contributing to the enhanced nature thereof,
increasing property values within the Project, and encouraging investment in and the ultimate
development of the Project;
(c) the Developer’s consent and acceptance of this Agreement is not an
exaction or a concession demanded by the City, but is an undertaking of Developer’s voluntary
design to ensure consistency, quality, and adequate public improvements that will benefit the
Property;
(d) the Public Infrastructure will benefit the City and promote state and local
economic development, stimulate business and commercial activity in the City for the
development and diversification of the economy of the state, promote the development and
expansion of commerce in the state, and reduce unemployment or underemployment in the state;
(e) nothing contained in this Agreement shall be construed as creating or
intended to create a contractual obligation that controls, waives, or supplants the City Council’s
legislative discretion or functions with respect to any matters not specifically addressed in this
Agreement; and
(f) this Agreement is a development agreement under Section 212.172, Texas
Local Government Code.
12.3 Binding Obligations. This Agreement and all amendments thereto and assignments
hereof shall be recorded in the Real Property Records. This Agreement binds and constitutes a
covenant running with the Property and, upon the Effective Date, is binding upon the Developer
and the City, and forms a part of any other requirements for development within the Property. This
Agreement, when recorded, shall be binding upon the Parties and their successors and assigns as
permitted by this Agreement and upon the Property; however, this Agreement shall not be binding
upon, and shall not constitute any encumbrance to title as to, any End User of a Fully Developed
and Improved Lot except for land use and development regulations that apply to such Fully
Developed and Improved Lot.
12.4 Complete Agreement. This Agreement embodies the entire Agreement between the
Parties and cannot be varied or terminated except as set forth in this Agreement, or by written
agreement of the Parties expressly amending the terms of this Agreement.
12.5 Consideration. This Agreement is executed by the Parties hereto without coercion
or duress and for substantial consideration, the sufficiency of which is hereby acknowledged.
12.6 Term. Unless otherwise extended by mutual agreement of the Parties, the term of
this Agreement shall be until the later of (i) thirty (30) years from the Effective Date or (ii) the
final maturity of PID Bonds sold in accordance with this Agreement (the “Original Term”). Upon
expiration of the Original Term, the City shall have no obligations under this Agreement with the
exception of maintaining and operating the PID in accordance with the SAP and the Indenture,
and the Developer’s obligations shall terminate.
12.7 INDEMNIFICATION and HOLD HARMLESS. THE DEVELOPER,
INCLUDING ITS SUCCESSORS AND ASSIGNS, HEREBY COVENANT AND AGREE TO
CHURCH TRACT DEVELOPMENT AGREEMENT PAGE 29
RELEASE, DEFEND, HOLD HARMLESS, AND INDEMNIFY THE CITY AND ITS
OFFICIALS, OFFICERS, AGENTS, REPRESENTATIVES, SERVANTS AND EMPLOYEES
(COLLECTIVELY, THE “RELEASED PARTIES”), FROM AND AGAINST ALL THIRD-
PARTY CLAIMS, SUITS, JUDGMENTS, DAMAGES, AND DEMANDS AGAINST THE
CITY OR ANY OF THE RELEASED PARTIES, WHETHER REAL OR ASSERTED
INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEY’S FEES AND
RELATED EXPENSES, EXPERT WITNESS FEES, CONSULTANT FEES, AND OTHER
COSTS, ARISING OUT OF THE NEGLIGENCE OR OTHER WRONGFUL CONDUCT OF
DEVELOPER, INCLUDING THE NEGLIGENCE OF ITS EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, MATERIAL MEN, AND/OR AGENTS, IN CONNECTION WITH THE
DESIGN OR CONSTRUCTION OF ANY PUBLIC INFRASTRUCTURE, STRUCTURES, OR
OTHER FACILITIES OR IMPROVEMENTS THAT ARE REQUIRED OR PERMITTED
UNDER THIS AGREEMENT (TOGETHER, “CLAIMS”); AND IT IS EXPRESSLY
UNDERSTOOD THAT SUCH CLAIMS SHALL, EXCEPT AS MODIFIED BELOW,
INCLUDE CLAIMS EVEN IF CAUSED BY THE CITY’S OWN CONCURRENT
NEGLIGENCE SUBJECT TO THE TERMS OF THIS SECTION. THE DEVELOPER
SHALL NOT, HOWEVER, BE REQUIRED TO INDEMNIFY THE CITY AGAINST
CLAIMS CAUSED BY THE CITY’S SOLE NEGLIGENCE, GROSS NEGLIGENCE OR
WILLFUL MISCONDUCT. IF THE CITY INCURS CLAIMS THAT ARE CAUSED BY THE
CONCURRENT NEGLIGENCE OF DEVELOPER AND THE CITY, DEVELOPER’S
INDEMNITY OBLIGATION(S) WILL BE LIMITED TO A FRACTION OF THE TOTAL
CLAIMS EQUIVALENT TO DEVELOPER’S OWN PERCENTAGE OF RESPONSIBILITY.
DEVELOPER, INCLUDING THEIR RESPECTIVE SUCCESSORS AND ASSIGNS,
FURTHER COVENANTS AND AGREES TO RELEASE, DEFEND, HOLD HARMLESS,
AND INDEMNIFY, THE CITY AGAINST ANY AND ALL CLAIMS BY ANY PERSON
CLAIMING AN OWNERSHIP INTEREST IN THE PROPERTY PRIOR TO THE EFFECTIVE
DATE WHO HAS NOT SIGNED THIS AGREEMENT IF SUCH CLAIMS RELATE IN ANY
MANNER OR ARISE IN CONNECTION WITH: (1) THE CITY’S RELIANCE UPON
DEVELOPER’S REPRESENTATIONS IN THIS AGREEMENT; (2) THIS AGREEMENT OR
OWNERSHIP OF THE PROPERTY; OR (3) THE CITY’S APPROVAL OF ANY TYPE OF
DEVELOPMENT APPLICATION OR SUBMISSION WITH RESPECT TO THE PROPERTY.
12.8 Status of Parties. At no time shall the City have any control over or
charge/supervision of Developer’s design, construction, installation or other work related to any
of the Public Infrastructure, nor the means, methods, techniques, sequences, or procedures utilized
for said design, construction, installation or other work. This Agreement does not create a joint
enterprise or venture or employment relationship between the City and Developer.
12.9 Payee Information. With respect to any and every type of payment/remittance due
to be paid at any time by the City to a Party hereto after the Effective Date under this Agreement,
the name and delivery address of the payee for such payment shall be the notice address applicable
to such party set forth in Section 12.10. Any Party to receive such payments/remittance may
change the name of the payee and/or address by delivering written notice to the City designating
a new payee and/or address or through an assignment of such Party’s rights hereunder.
12.10 Notices. Any notice, submittal, payment or instrument required or permitted by
this Agreement to be given or delivered to any party shall be deemed to have been received (i) if
CHURCH TRACT DEVELOPMENT AGREEMENT PAGE 30
delivered via a method other than e-mail, when delivered personally or upon the expiration of
72 hours following deposit of the same in any United States Post Office, registered or certified
mail, postage prepaid or (ii) if delivered via e-mail, upon the earlier of receipt of a “delivery
receipt” or on the next Business Day after being sent (as recorded on the device from which the
sender sent the email) unless the sender receives an automated message that the email has not been
delivered. Any such notice shall be addressed as follows:
To the City: City of Anna, Texas
Attn: City Manager
120 W. 7th Street
Anna, Texas 75409
E-mail: gpeters@annatexas.gov
With a copy to: Wolfe, Tidwell & McCoy, LLP
Attn: Clark McCoy
2591 Dallas Parkway, Suite 300
Frisco, Texas 75034
E-mail: cmccoy@wtmlaw.net
And to: McCall, Parkhurst & Horton L.L.P.
Attn: Rodolfo Segura Jr
717 North Harwood, Suite 900
Dallas, TX 75201
E-mail: rsegura@mphlegal.com
To the Developer: VC Liberty Hills, LLC
Attn: Kevin Lazares
3860 W. Northwest Hwy, Suite 450
Dallas, Texas 75220
E-mail: klazares@veritascommunities.com
With a copy to: Greenberg Traurig, LLP
Attn: Drew Slone
2200 Ross Ave., Suite 5200
Dallas, Texas 75201
E-mail: drew.slone@gtlaw.com
Any Party may change its address or addresses for delivery of notice by delivering written notice
of such change of address to the other Party.
12.11 Estoppel Certificates. From time to time, upon written request of the Developer
under this Agreement, and upon the payment to the City of a $100.00 fee plus all reasonable costs
incurred by the City in providing the certificate described in this section, the City Manager, or
his/her designee will, in his/her official capacity and to his/her reasonable knowledge and belief,
execute a written estoppel certificate identifying any obligations of the Developer under this
Agreement that are in default.
CHURCH TRACT DEVELOPMENT AGREEMENT PAGE 31
12.12 Interpretation. Each Party has been actively involved in negotiating and drafting
this Agreement. Accordingly, a rule of construction that any ambiguities are to be resolved against
the drafting Party will not apply to interpreting this Agreement. In the event of any dispute over
the meaning or application of any provision of this Agreement, the provision will be interpreted
fairly and reasonably and neither more strongly for nor against any Party, regardless of which Party
originally drafted the provision.
12.13 Time. In this Agreement, time is of the essence and compliance with the times for
performance herein is required.
12.14 Authority and Enforceability. The City represents and warrants that this Agreement
has been approved by official action by the City Council of the City in accordance with all
applicable public notice requirements (including, but not limited to, notices required by the Texas
Open Meetings Act) and that the individual executing this Agreement on behalf of the City has
been duly authorized to do so. The Developer represents and warrants that this Agreement has
been approved by appropriate action of the Developer, and that each individual executing this
Agreement on behalf of the Developer has been duly authorized to do so. Each Party respectively
acknowledges and agrees that this Agreement is binding upon such Party and is enforceable against
such Party, in accordance with its terms and conditions.
12.15 Limited Waiver of Immunity. The Parties are entering into this Agreement in
reliance upon its enforceability. Consequently, the City unconditionally and irrevocably waives all
claims of sovereign and governmental immunity which it may have (including, but not limited to,
immunity from suit and immunity to liability) to the extent, but only to the extent, that a waiver is
necessary to enforce specific performance of this Agreement (including all of the remedies
provided under this Agreement) and to give full effect to the intent of the Parties under this
Agreement. Notwithstanding the foregoing, the waiver contained herein shall not waive any
immunities that the City may have with respect to claims of injury to persons or property, which
claims shall be subject to all of their respective immunities and to the provisions of the Texas Tort
Claims Act. Further, the waiver of immunity herein is not enforceable by any party not a Party to
this Agreement.
12.16 Amendment; Severability. This Agreement shall not be modified or amended
except in writing signed by the Parties; provided that any amendment relating to a distinct portion
of the Property may be signed solely by the owner of such Property and the City without the
requirement of signatures from any other Party hereto and the remaining Parties hereto consent to
such amendment. If any provision of this Agreement is determined by a court of competent
jurisdiction to be unenforceable for any reason, then: (a) such unenforceable provision shall be
deleted from this Agreement; (b) the unenforceable provision shall, to the extent possible and upon
mutual agreement of the Parties, be rewritten to be enforceable and to give effect to the intent of
the Parties; and (c) the remainder of this Agreement shall remain in full force and effect and shall
be interpreted to give effect to the intent of the Parties.
12.17 Applicable Law; Venue. This Agreement is entered into pursuant to and is to be
construed and enforced in accordance with the laws of the State of Texas and all obligations of the
Parties are performable in Collin County. Exclusive venue for any action related to, arising out of,
or brought in connection with this Agreement shall be in a state district court in Collin County.
CHURCH TRACT DEVELOPMENT AGREEMENT PAGE 32
12.18 Non Waiver. Any failure by a Party to insist upon performance by the other Party
of any material provision of this Agreement shall not be deemed a waiver thereof, and the Party
shall have the right at any time thereafter to insist upon strict performance of any and all provisions
of this Agreement. No provision of this Agreement may be waived except by writing signed by
the Party waiving such provision. Any waiver shall be limited to the specific purposes for which
it is given. No waiver by any Party of any term or condition of this Agreement shall be deemed or
construed to be a waiver of any other term or condition or subsequent waiver of the same term or
condition.
12.19 Force Majeure. Each Party shall use good faith, due diligence and reasonable care
in the performance of its respective obligations under this Agreement, and time shall be of the
essence in such performance; however, in the event a Party is unable, due to force majeure, to
perform its obligations under this Agreement, then the obligations affected by the force majeure
shall be temporarily suspended. Within ten (10) business days after the occurrence of a force
majeure, the Party claiming the right to temporarily suspend its performance, shall give written
notice to all the Parties, including a detailed explanation of the force majeure and a description of
the action that will be taken to remedy the force majeure and resume full performance at the earliest
possible time. The term “force majeure” shall include events or circumstances that are not within
the reasonable control of the Party whose performance is suspended and that could not have been
avoided by such Party with the good faith exercise of good faith, due diligence and reasonable
care. A Party that has claimed the right to temporarily suspend its performance under this section
shall provide written reports to the other Party at least once every week detailing: (i) the extent to
which the force majeure event or circumstance continues to prevent the Party’s performance; (ii)
all of the measures being employed to regain the ability to fully perform; and (iii) the projected
date upon which the Party will be able to resume full performance.
12.20 Statutory Verifications. The Developer makes the following representations and
covenants pursuant to Chapters 2252, 2271, 2274, and 2276, Texas Government Code, as
heretofore amended (the “Government Code”), in entering into this Agreement. As used in such
verifications, “affiliate” means an entity that controls, is controlled by, or is under common control
with the Developer within the meaning of SEC Rule 405, 17 C.F.R. § 230.405, and exists to make
a profit. Liability for breach of any such verification during the term of this Agreement shall
survive until barred by the applicable statute of limitations, and shall not be liquidated or otherwise
limited by any provision of this Agreement, notwithstanding anything in this Agreement to the
contrary.
a. Not a Sanctioned Company. The Developer represents that neither it nor
any of its parent company, wholly- or majority-owned subsidiaries, and other affiliates is
a company identified on a list prepared and maintained by the Texas Comptroller of Public
Accounts under Section 2252.153 or Section 2270.0201, Government Code. The foregoing
representation excludes the Developer and each of its parent company, wholly- or majority-
owned subsidiaries, and other affiliates, if any, that the United States government has
affirmatively declared to be excluded from its federal sanctions regime relating to Sudan
or Iran or any federal sanctions regime relating to a foreign terrorist organization.
b. No Boycott of Israel. The Developer hereby verifies that it and its parent
company, wholly- or majority-owned subsidiaries, and other affiliates, if any, do not
CHURCH TRACT DEVELOPMENT AGREEMENT PAGE 33
boycott Israel and will not boycott Israel during the term of this Agreement. As used in
the foregoing verification, “boycott Israel” has the meaning provided in Section 2271.001,
Government Code.
c. No Discrimination Against Firearm Entities. The Developer respectively
hereby verifies that it and its parent company, wholly- or majority-owned subsidiaries, and
other affiliates, if any, do not have a practice, policy, guidance, or directive that
discriminates against a firearm entity or firearm trade association and will not discriminate
against a firearm entity or firearm trade association during the term of this Agreement. As
used in the foregoing verification, “discriminate against a firearm entity or firearm trade
association” has the meaning provided in Section 2274.001(3), Government Code.
d. No Boycott of Energy Companies. The Developer hereby verifies that it
and its parent company, wholly- or majority-owned subsidiaries, and other affiliates, if any,
do not boycott energy companies and will not boycott energy companies during the term
of this Agreement. As used in the foregoing verification, “boycott energy companies” has
the meaning provided in Section 2276.001(1), Government Code.
12.21 Form 1295. Submitted herewith is a completed Form 1295 in connection with the
participation of the Developer for the purposes of Section 2252.908 of the Texas Government
Code in the execution of this Agreement generated by the Texas Ethics Commission’s (the “TEC”)
electronic filing application in accordance with the provisions of Section 2252.908 of the Texas
Government Code and the rules promulgated by the TEC (the “Form 1295”). The City hereby
confirms receipt of the Form 1295 from the Developer, and the City agrees to acknowledge such
form with the TEC through its electronic filing application not later than the 30th day after the
receipt of such form. The Developer and the City understand and agree that, with the exception of
information identifying the City and the contract identification number, neither the City nor its
consultants are responsible for the information contained in the Form 1295; that the information
contained in the Form 1295 has been provided solely by the Developer; and, neither the City nor
its consultants have verified such information.
12.22 Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original and constitute one and the same instrument.
12.23 Exhibits. The following exhibits are attached to this Agreement and are
incorporated herein for all purposes:
Exhibit A Metes and Bounds Description of the Property
Exhibit B Depiction of the Property
Exhibit C Illustrative Layout
Exhibit D Tree Preservation Standards
Exhibit E Liberty Hills PD Ordinance
Exhibit F LH Development Agreement
[SIGNATURES PAGES AND EXHIBITS FOLLOW;
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
Development Agreement Signature Page
EXECUTED BY THE PARTIES TO BE EFFECTIVE ON THE EFFECTIVE DATE:
CITY OF ANNA, TEXAS
By:
Name: Pete Cain
Title: Mayor
Date:
STATE OF TEXAS §
COUNTY OF COLLIN §
This instrument was acknowledged before me on this ____________, 2025, by Pete Cain,
Mayor of the City of Anna, Texas, on behalf of said City.
Notary Public, State of Texas
[SEAL]
Approved as to form:
___________________________
Clark McCoy, City Attorney
A-1
EXHIBIT A
Legal Description
BEING A 10.815 ACRE TRACT OF LAND SITUATED IN THE Z. ROBERTS SURVEY,
ABSTRACT NO. 760 AND BEING ALL OF A 10.669 ACRE TRACT OF LAND
CONVEYED TO DELMORE A.M. CHURCH AND WIFE, JOYCE CHURCH, AS
RECORDED IN VOLUME 702, PAGE 585, DEED RECORDS, COLLIN COUNTY
TEXAS. SAID 10.815 ACRE TRACT, WITH BEARING BASIS BEING GRID NORTH,
TEXAS STATE PLANE COORDINATES, NORTH CENTRAL ZONE NAD83,
DETERMINED BY GPS OBSERVATIONS UTILIZING THE ALLTERRA RTKNET, AND
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING AT A PK NAIL FOUND FOR THE NORTHEAST CORNER OF SAID
10.669 ACRE TRACT AND A COMMON EXTERIOR ELL CORNER OF A 694.344
ACRE TRACT OF LAND CONVEYED AS “TRACT 1” TO LIBERTY 800, LP AS
RECORDED IN COUNTY CLERK’S FILE NO. 2023000025691, OFFICIAL PUBLIC
RECORDS, COLLIN COUNTY, TEXAS. SAID POINT BEING IN THE SOUTH LINE OF
A 666.61 ACRE TRACT OF LAND CONVEYED TO MM MANTUA 701, LLC., AS
RECORDED IN COUNTY CLERK’S FILE NO. 2024000100812, OFFICIAL PUBLIC
RECORDS, COLLIN COUNTY, TEXAS AND BEING IN THE APPROXIMATE CENTER
OF COUNTY ROAD NO. 290 (A PRESCRIPTIVE RIGHT-OF-WAY);
THENCE, ALONG THE COMMON LINES OF SAID 10.669 ACRE TRACT AND SAID
694.344 ACRE TRACT, THE FOLLOWING COURSES AND DISTANCES:
SOUTH 01 DEGREES 22 MINUTES 47 SECONDS EAST, A DISTANCE OF
252.40 FEET TO A PK NAIL FOUND FOR CORNER;
SOUTH 86 DEGREES 38 MINUTES 40 SECONDS WEST, A DISTANCE OF
588.13 FEET TO A 1/2 INCH IRON ROD FOUND FOR CORNER;
SOUTH 01 DEGREES 39 MINUTES 17 SECONDS EAST, A DISTANCE OF
628.29 FEET TO A 1/2 INCH IRON ROD WITH CAP STAMPED “RPLS 6578”
FOUND FOR CORNER;
NORTH 88 DEGREES 23 MINUTES 21 SECONDS WEST, A DISTANCE OF
354.21 FEET TO A PK NAIL FOUND FOR THE SOUTHWEST CORNER OF
SAID 10.669 ACRE TRACT AND A COMMON EXTERIOR ELL CORNER OF
SAID 694.344 ACRE TRACT. SAID POINT BEING IN THE EAST LINE OF A
103 ACRE TRACT OF LAND CONVEYED TO JAMES R. THORNTON AND
LAURIE L. THORNTON, TRUSTEE OF THE THORNTON FAMILY TRUST, AS
RECORDED IN COUNTY CLERK’S FILE NO. 20210430000877560, OFFICIAL
PUBLIC RECORDS, COLLIN COUNTY, TEXAS AND BEING IN THE
APPROXIMATE CENTER OF AFORESAID COUNTY ROAD NO. 290;
A-2
THENCE, NORTH 00 DEGREES 55 MINUTES 17 SECONDS WEST, ALONG THE
WEST LINE OF SAID 10.669 ACRE TRACT, THE COMMON EAST LINE OF SAID 103
ACRE TRACT AND WITH SAID COUNTY ROAD NO. 290, A DISTANCE OF 890.14
FEET TO A POINT THE NORTHEAST CORNER OF SAID 103 ACRE TRACT AND A
COMMON EXTERIOR ELL CORNER OF AFORESAID 666.61 ACRE TRACT. SAID
POINT BEING IN THE APPROXIMATE INTERSECTION OF SAID COUNTY ROAD
NO. 290 AND COUNTY ROAD NO. 1101 (A PRESCRIPTIVE RIGHT-OF-WAY);
THENCE, NORTH 00 DEGREES 55 MINUTES 17 SECONDS WEST, ALONG THE
WEST LINE OF SAID 10.669 ACRE TRACT AND A COMMON EASTERLY LINE OF
SAID 666.61 ACRE TRACT AND WITH SAID COUNTY ROAD NO. 290, A DISTANCE
OF 5.80 FEET TO A POINT FOR THE NORTHWEST CORNER OF SAID 10.669
ACRE TRACT AND A COMMON INTERIOR ELL CORNER OF SAID 666.61 ACRE
TRACT;
THENCE, NORTH 89 DEGREES 26 MINUTES 47 SECONDS EAST, ALONG THE
NORTH LINE OF SAID 10.669 ACRE TRACT, THE COMMON SOUTH LINE OF SAID
666.61 ACRE TRACT AND WITH SAID COUNTY ROAD NO. 290, A DISTANCE OF
931.42 FEET TO THE POINT OF BEGINNING AND CONTAINING A CALCULATED
AREA OF 471,113 SQUARE FEET OR 10.815 ACRES OF LAND.
THIS DOCUMENT WAS PREPARED UNDER 22 TAC 663.21, DOES NOT REFLECT
THE RESULTS OF AN ON THE GROUND SURVEY, AND IS NOT TO BE USED TO
CONVEY OR ESTABLISH INTERESTS IN REAL PROPERTY EXCEPT THOSE
RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BY THE CREATION OR
RECONFIGURATION OF THE BOUNDARY OF THE POLITICAL SUBDIVISION FOR
WHICH IT WAS PREPARED.
EXHIBIT B
Depiction of the Property
Date\Time : 11/6/2025 5:28 PM User Name : Noah Cooper Path\Name : s:\ntx-land\0451\400land\402 exhibits\church tract exhibits\church tract exhibits.dwg
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Illustrative Layout
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EXHIBIT D
Tree Preservation Standards
Date\Time : 12/1/2025 2:12 PM User Name : Noah Cooper Path\Name : s:\ntx-land\0451\400land\402 exhibits\church tract exhibits\church tract exhibits.dwg
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EXHIBIT E
Liberty Hills PD Ordinance
EXHIBIT F
Liberty Hills Development Agreement
Item No. 7.u.
City Council Agenda
Staff Report
Meeting Date: 12/9/2025
Staff Contact: Joey Grisham
AGENDA ITEM:
Consider/Discuss/Action on a Resolution approving an Economic Development
Agreement with VC Liberty Hills, LLC. (Director of Economic Development Joey
Grisham)
SUMMARY:
Similar to the Development Agreement, this Church Tract Chapter 380 Agreement
mirrors the previous agreement for Liberty Hills.
FINANCIAL IMPACT:
N/A
BACKGROUND:
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Vibrant.
ATTACHMENTS:
1. Res. 380 Agreement - Church Tract C23003D20251202CR1 mc
2. (VCLH) LIBERTY HILLS -- Chapter 380 Economic Development Agreement
[COMPILED DEVELOPER EXECUTED]
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS
APPROVING THE LIBERTY HILLS ECONOMIC DEVELOPMENT AGREEMENT
WITH VC LIBERTY HILLS, LCC
WHEREAS, VC Liberty Hills, LLC. (the “Developer”) is in the process of developing
property for single family use (the “Project”) in association with the Liberty Hills development in
the City of Anna, County of Collin, State of Texas, and in accordance with the Liberty Hills
Economic Development Agreement attached hereto as Exhibit 1 (the “Agreement”); and
WHEREAS, the City has found that the Project and associated incentives provided by the
City will promote new or expanded business enterprises; and
WHEREAS, the City is authorized to provide economic grants and incentives under
Chapter 380 of the Texas Local Government Code through programs such as the program adopted
by this resolution and said incentives as described in the Agreement are in exchange for and
conditioned upon Developer timely meeting its obligations under the Agreement;
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ANNA, TEXAS:
SECTION 1. Findings. The findings set forth above are incorporated herein for all
purposes as if set forth in full.
SECTION 2. Approval of Project and Agreement
The City Council of the City of Anna, Texas hereby approves the Liberty Hills Economic
Development Agreement attached hereto as Exhibit 1, incorporated herein for all purposes, and
authorizes the Mayor and/or City Manager to execute the same on its behalf, subject to approval as
to form by legal counsel for the City, said Agreement to be effective upon its passage and as set
forth in said Agreement. Notwithstanding the foregoing or any other provision of this resolution,
the City Council’s approval of the Agreement is strictly conditioned upon the approval of the City
Attorney as to the form of the Agreement and the City Attorney is authorized to make mutually
agreeable modifications to the Agreement before providing said approval as to form of the
Agreement.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Anna, Texas,
on this the 9th day of December 2025.
ATTESTED: APPROVED:
________________________________ __________________________
Carrie L. Land, City Secretary Pete Cain, Mayor
1
Liberty Hills Economic Development Agreement
708672011v4
LIBERTY HILLS ECONOMIC DEVELOPMENT AGREEMENT
This Liberty Hills Economic Development Agreement (the “Agreement”) is entered into
as of December 9, 2025 (the “Effective Date”), by and between the CITY OF ANNA, TEXAS, a
home-rule municipality situated in Collin County, Texas (the “City”), and VC LIBERTY HILLS,
LLC, a Delaware limited liability company (the “Developer”).
RECITALS
WHEREAS, the City and the Developer, are sometimes collectively referenced in this
Agreement as “Parties” or, each individually, as a “Party”; and
WHEREAS, the City, Liberty 800, LP, a Texas limited partnership (“Liberty 800”),
Liberty 75, LP, a Texas limited partnership, The Thornton Family Trust, Janis Real Estate, LLC,
a Texas limited liability company, and Jay P. and Irene C. Janis, each an individual, have entered
into the Liberty Hills Development Agreement effective as of May 14, 2024 (the “Development
Agreement”) relating to the development of certain property described in the Development
Agreement (the “Development Agreement Property”); and
WHEREAS, the City and the Developer have entered into the Church Tract Development
Agreement to be effective as of December 9, 2025 (the “Church Tract Development Agreement”)
relating to the development of certain property described in the Church Tract Development
Agreement (the “Church Tract Property”); and
WHEREAS, capitalized terms used but not defined herein shall have the meanings given
to them in the Development Agreement and the Church Tract Development Agreement; and
WHEREAS, the Development Agreement and the Church Tract Development Agreement
provide that the Development Agreement Property and the Church Tract Property will be
developed to contain single-family homes of various sizes, townhomes, multi-family, commercial
and other mixed-use development constructed over multiple phases and is to be known and
referred to as “Liberty Hills” (the “Project”); and
WHEREAS, the Development Agreement and the Church Tract Development Agreement
provide that the City shall collect certain City PID Fees at the time of issuance of any PID Bonds
issued to fund infrastructure relating to the Project and that fifty percent (50%) of the City PID
Fees collected by the City (the “PID Fee Contribution”) shall be placed in a separate and
identifiable interest-bearing account held by the City (the “City PID Fee Account”) and used to
reimburse the Developer in an amount up to the actual cost to design and construct Standridge
Boulevard and the Mantua Parkway Road Improvements to the extent such costs have not been
paid pursuant to the Impact Fee Grant (as defined herein); and
WHEREAS, Liberty 800 has partially assigned, and the Developer has assumed, certain
rights and obligations of Liberty 800 set forth in the Development Agreement, as set forth in that
certain Partial Assignment and Assumption of Development Agreement dated as of December 3,
2024 and recorded as document number 2024000150083 in the real property records of Collin
County, Texas (the “Assignment”), including but not limited to the obligation to construct or
acquire (i) the Mantua Parkway Road Improvements as shown on Exhibit B-2, (ii) the northern 2
2
Liberty Hills Economic Development Agreement
lanes of Standridge Boulevard as shown on Exhibit B-1 (the “Developer Standridge Boulevard
Portion”), (iii) the Major Water Lines as shown on Exhibit B-2, (iv) the Major Water Line
Easement as shown on Exhibit B-2, and (v) the Trunk Line Easements as shown on Exhibit B-2
(collectively, the “Eligible Infrastructure”) and the rights to receive payments from all Impact Fees
collected in the Project except those Impact Fees collected on the Liberty 75 Property and
payments for the Eligible Infrastructure from the City PID Fee Account; and
WHEREAS, Liberty 800 has partially assigned, and PH Land Holdings, LLC (“PHLH”
has assumed, certain rights and obligations of Liberty 800 set forth in the Development Agreement,
as set forth in that certain Partial Assignment and Assumption of Development Agreement dated
as of December 3, 2024 and recorded as document number 2024000150143 in the real property
records of Collin County, Texas (the “PHLH Assignment”), including but not limited to the
obligation to construct or acquire the northern two (2) lanes of Rosamond Parkway from Highway
75 to Standridge Parkway/Boulevard; (ii) all four (4) lanes of Standridge Parkway/Boulevard from
the intersection with Rosamond Parkway adjacent to a portion of Phase 13 (as shown); (iii) Road
E; (iv) the western two (2) lanes of Standridge Parkway/Boulevard adjacent to a portion of Phase
13 and a portion of Phase 14 (as shown); and (v) all of Road A and the roundabout (the “PHLH
Standridge Boulevard Portion”) and the right to receive payment for the PHLH Standridge
Boulevard Portion from the City PID Fee Account; and
WHEREAS, pursuant to the Assignment, the Developer will construct the Eligible
Infrastructure in accordance with the Development Agreement and the Church Tract Development
Agreement; and
WHEREAS, pursuant to that certain Partial Assignment of Development Rights dated as
of December __, 2025 by and between the Developer and PHLH (the “PHLH Partial
Assignment”), PHLH has assigned all of its right, title and interest in and to PHLH’s right to
receive reimbursement from the City PID Fee Account and the PID Fee Contribution to the
Developer;
WHEREAS, as provided in the PHLH Partial Assignment, PHLH intends to seek
reimbursement for the PHLH Standridge Portion from the proceeds of PID Bonds issued for the
Project and not from the City PID Fee Account;
WHEREAS, (i) the Development Agreement provides that in consideration of the
Developer’s agreements to construct the Eligible Infrastructure, the City shall provide a grant to
the Developer pursuant to Chapter 380 to reimburse the Developer for the costs of the Eligible
Infrastructure in an amount up to the total Impact Fees collected from all of the Development
Agreement Property except the Liberty 75 Property, such property described on the metes and
bounds attached hereto on Exhibit A-1, and (ii) the Church Tract Development Agreement
provides that the Impact Fees collected on the Church Tract Property (such property described on
the metes and bounds attached hereto on Exhibit A-2 and referred to herein together with the
property described on Exhibit A-1 as the “Property”) shall also be used to provide a grant to the
Developer pursuant to Chapter 380 to reimburse the Developer for the costs of the Eligible
Infrastructure in an amount up to the total Impact Fees collected on the Church Tract Property, to
the extent that such costs are not reimbursed or otherwise funded by the PID Fee Contribution
(collectively, the “Impact Fee Grant”); and
3
Liberty Hills Economic Development Agreement
WHEREAS, in accordance with Article III, Chapter 52-a of the Texas Constitution and
Chapter 380 of the Texas Local Government Code (“Chapter 380”), the City recognizes the
positive impact that the Project will bring to the City, and that the Project will promote state and
local economic development; stimulate business and commercial activity in the municipality;
promote the development and diversification of the economy of the state; promote development
and expansion of commerce in the state; and promote the elimination of unemployment or
underemployment in the state; and
WHEREAS, the Developer will provide a significant investment in both public and private
infrastructure to support the Project; and
WHEREAS, the City recognizes the positive economic impact that development of the
Property will have through the production of new jobs, the stimulation of commercial activity, and
the additional ad valorem and sales and use tax revenue generated by the development of the
Property; and
WHEREAS, the City hereby establishes this Agreement as a program in accordance with
Chapter 380 under which the City has the authority to make grants of public funds for the purposes
of promoting local economic development and stimulating business and commercial activity
within the City. To ensure that the benefits the City provides under this Agreement in the form of
grants pursuant to Chapter 380 are consistent with Article III, Section 52-a of the Texas
Constitution and Chapter 380, the Developer has agreed that certain performance standards must
be satisfied as a condition to receiving the grant described in this Agreement, and as a result, the
incentives will serve a legitimate public purpose and provide a clear public benefit in return; and
WHEREAS, the City Council of the City (the “City Council”) has determined that entering
this Agreement is in the best interest of the City, and expects the Impact Fee Grant to result in a
benefit to the community with increased jobs and tax revenue; and
WHEREAS, the City Council has found that the Impact Fee Grant is for the public
purposes of (a) developing and diversifying the economy of the state; (b) eliminating
unemployment and underemployment in the state; (c) developing or expanding commerce in the
state; and (d) promoting economic development within the state; and
WHEREAS, the provisions of this Agreement ensure that a public purpose is satisfied,
and that the City receives a benefit in return; and
WHEREAS, the Parties have agreed for the Developer to undertake the development of
the Property as set forth in the Development Agreements, and the Development Agreements and
documents related to the Property contain controls to ensure the public purpose is accomplished;
and
NOW, THEREFORE, for and in consideration of the mutual covenants of the Parties set forth in
this Agreement and for other good and valuable consideration the receipt and adequacy of which
are acknowledged and agreed by the Parties, the Parties agree as follows:
ARTICLE I
THE DEVELOPMENT
4
Liberty Hills Economic Development Agreement
1.01 Uses in the Development. The Property has been or will be annexed into the City
limits, and the development of the Property will be in accordance with the standards set forth in
the Development Agreement, the Church Tract Development Agreement, and the Liberty Hills PD
Ordinance, as applicable.
ARTICLE II
CITY PID FEE ACCOUNT; IMPACT FEE GRANT
Section 2.01. PID Fee Contribution and City PID Fee Account. The PID Fee
Contribution, which shall be equal to fifty percent (50%) of the City PID Fees relating to the
Project collected by the City for each series of PID Bonds issued pursuant to the Development
Agreement, shall be placed in a separate and identifiable interest-bearing account held by the City
and not commingled with any other funds.
Section 2.02 Use of Funds in the City PID Fee Account. Amounts on deposit in the City
PID Fee Account shall be used to reimburse the Developer in an amount up to the actual cost to
design and construct the Developer Standridge Boulevard Portion and the Mantua Parkway Road
Improvements not reimbursed from the Impact Fee Grant (the “Maximum City PID Fee
Reimbursement”); provided, that if all four lanes of Standridge Boulevard (which include the
Developer Standridge Boulevard Portion) are not constructed on or before December 31, 2029 (the
“Standridge Deadline”), then Developer shall forfeit entitlement to the PID Fee Contribution and
all funds on deposit in the City PID Fee Account, and the City may retain and utilize same for any
lawful purpose. Provided that the Standridge Deadline is met: (1) the PID Fee Contribution amount
on deposit with the City shall be paid to Developer within thirty (30) days of Developer’s written
request for same. Such written request shall indicate what amounts, if any, have been paid to the
Developer for reimbursement of the Developer Standridge Boulevard Portion and the Mantua
Parkway Road Improvements from the Impact Fee Grant. At such time as the Maximum City PID
Fee Reimbursement has been paid to the Developer, the City may cease depositing PID Fee
Contribution into the City PID Fee Account.
Section 2.03 Impact Fee Collection and Liberty Hills Impact Fee Account. In accordance
with the Development Agreement, Impact Fees shall be assessed and collected on the Property at
the rates in effect at the time of submission of an application for a building permit. The City shall
collect Impact Fees from all third-party permit applicants within the Property. Upon the payment
of any Impact Fees related to the Property, the City shall sequester such Impact Fees into a separate
account created by the City (the “Liberty Hills Impact Fee Account”).
Section 2.04 Use of Funds in the Liberty Hills Impact Fee Account. The monies within
the Liberty Hills Impact Fee Account shall be allocated to and dedicated solely for the payment of
the Impact Fee Grant. In exchange for Developer satisfying its obligations to construct the Eligible
Infrastructure pursuant to the Development Agreement, the City shall provide the Impact Fee
Grant to the Developer in a total amount not to exceed the total costs of the Eligible Infrastructure,
less any amounts paid to the Developer from the City PID Fee Account, plus interest calculated
from the acceptance of each segment of Eligible Infrastructure calculated at 7% until such time
that all costs of the Eligible Infrastructure have been repaid to the Developer (the “Maximum Grant
Amount”). At such time as the Maximum Grant Amount has been paid to the Developer, the City
5
Liberty Hills Economic Development Agreement
may cease depositing any Impact Fees collected on the Property into the Liberty Hills Impact Fee
Account.
Section 2.05 Reimbursement Limited to Actual Costs of Eligible Infrastructure. The
Developer shall only receive reimbursement up to the actual costs of the Eligible Infrastructure
(the “Actual Costs”), regardless of whether such amounts are paid from the City PID Fee Account
or the Impact Fee Grant. Other than the interest payable as provided in Section 2.04, in no event
shall the City be required to provide reimbursements or payments in an amount greater than such
Actual Costs plus the interest payable as provided in Section 2.04, even if the total amount of City
PID Fees and Impact Fees collected on the Property exceeds the Actual Costs and the interest
payable as provided in Section 2.04. The Developer acknowledges that any initial lack of
availability of funds in the City PID Fee Account or the Liberty Hills Impact Fee Account shall in
no way diminish any obligation of the Developer to construct the Eligible Infrastructure in
accordance with the Development Agreement.
Section 2.06 Developer Chapter 380 Program Performance for the Impact Fee Grant. To
be eligible to receive the Impact Fee Grant, the Developer shall perform the following Developer
obligations (the “Developer Obligations”):
(i) Construct any portion of the Eligible Infrastructure (including acquiring any right
of way for the Eligible Infrastructure) per the terms of the Development Agreement;
and
(ii) File the Certification(s) for Payment evidencing the Actual Costs of the applicable
Eligible Infrastructure.
Section 2.07 Certifications for Payment; Requests for Payment.
(a) To evidence the costs of any Eligible Infrastructure, the Developer shall submit a
Certification for Payment in the form attached hereto as Exhibit C and provide any and all
documentation satisfactory to the City Manager or City Engineer evidencing the Actual Costs of
the Eligible Infrastructure or completed segment thereof. The Developer may file a Certification
for Payment from time to time for any segment of Eligible Infrastructure.
(b) To receive payment of funds from the Liberty Hills Impact Fee Account and the
City PID Fee Account, the Developer shall submit a Request for Payment in the form attached
hereto as Exhibit D. Such Request for Payment shall include (i) an accounting of the amounts
previously paid to the Developer for the costs of the applicable Eligible Infrastructure from the
Liberty Hills Impact Fee Account and the City PID Fee Account as of the date of such Request for
Payment and (ii) a calculation of interest accrued on remaining costs of Eligible Infrastructure yet
to be reimbursed.
Section 2.08 City Payment Obligations for Impact Fee Grant. To the extent the Developer
has provided a Certification for Payment evidencing the costs of any of the Eligible Infrastructure
and a Request for Payment, the City shall make payments of the Impact Fee Grant to Developer
within 30 days after receipt of a Request For Payment to the extent funds are available in the
Liberty Hills Impact Fee Account. The City shall make payments of the Impact Fee Grant to
Developer solely from funds available in the Liberty Hills Impact Fee Account. No payments
6
Liberty Hills Economic Development Agreement
shall be made from the Liberty Hills Impact Fee Account for portions of the Eligible Infrastructure,
if any, which have been reimbursed to the Developer from the City PID Fee Account.
ARTICLE III
DEFAULT
Section 3.01. Default and Cure. If the Developer fails to comply with any of its
performance obligations set forth under Section 2.06 of this Agreement, and if the Developer fails
to cure such default within the cure period provided in this Agreement, the City shall notify the
Developer of such default. The Developer shall be given a reasonable timeframe to remedy the
default, to be not less than thirty (30) days, except in the event public safety is at risk. If such
default can be remedied in the specified time frame and is not remedied within the specified
timeframe, the City, until such default is remedied, shall only be obligated to pay the portion of
the Impact Fee Grant that has been performed by the Developer up to and including the date of
default. Upon the remedy of any default, the Developer shall be entitled to continue to receive
payments from the City PID Fee Account and payments of the Impact Fee Grant, and the City
shall make payment of any withheld payments from the City PID Fee Account and payments of
the Impact Fee Grant that were withheld during the pendency of any uncured default. The
foregoing remedies shall be the sole remedy for any defaults under this Agreement.
ARTICLE IV
MISCELLANEOUS PROVISIONS
Section 4.01. Term. This Agreement shall be in force until all Impact Fees to be collected
on the Property and City PID Fees to be collected on the Project have been collected, or until the
Developer is reimbursed for all Actual Costs of the Eligible Infrastructure, including interest on
such Actual Costs calculated as provided in Section 2.04, whichever event occurs first.
Section 4.02 Recitals. The recitals contained in this Agreement: (a) are true and correct
as of the Effective Date; (b) form the basis upon which the Parties negotiated and entered into this
Agreement; and (c) reflect the final intent of the Parties with regard to the subject matter of this
Agreement. In the event it becomes necessary to interpret any provision of this Agreement, the
intent of the Parties, as evidenced by the recitals, shall be taken into consideration and, to the
maximum extent possible, given full effect. The Parties have relied upon the recitals as part of the
consideration for entering into this Agreement and, but for the intent of the Parties reflected by the
recitals, would not have entered into this Agreement.
Section 4.03 Successors and Assigns. All covenants and agreements contained in this
Agreement shall bind its successors and assigns and shall inure to the benefit of the Developer and
its successors and assigns. This Agreement and the right to monies available in the City PID Fee
Account, Liberty Hills Impact Fee Account and the Impact Fee Grant set forth herein may be
assigned, from time to time and in whole or in part, by the Developer to any person or entity and
collaterally assigned to any lender. Such assignment must be in writing. A copy of the assignment
shall be given to the City within thirty (30) days after such assignment; however, City consent to
the assignment is not required. The City shall provide an acknowledgement of such assignment
(which acknowledgement may be provided via e-mail) within five (5) days of delivery of notice
7
Liberty Hills Economic Development Agreement
of such assignment. Any notice of such assignment may be delivered, and shall be deemed to be
received, as provided in section 4.04 hereof.
Upon any assignment of the duties under this Agreement and delivery of notice to the City,
Developer shall be released from performing the duties or obligations that are assigned and that
arise after the effective date of the assignment or the date that the City receives notice of the
assignment, whichever later occurs; provided that, the Developer is not released from any
liabilities that arose prior to the effective date or date of notice to the City, whichever later occurs,
unless the City agrees. The Developer’s obligations under this Agreement are a personal obligation
and do not constitute a covenant running with the land.
The City may rely on any notice of assignment received from the Developer without obligation to
investigate or confirm the validity of the assignment. The Developer waives all rights or claims
against the City for any funds paid to a third party as a result of an assignment for which the City
received notice.
Section 4.04 Notices. Any notice, submittal, payment or instrument required or
permitted by this Agreement to be given or delivered to any party shall be deemed to have been
received (i) if delivered via a method other than e-mail, when delivered personally or upon the
expiration of 72 hours following deposit of the same in any United States Post Office, registered
or certified mail, postage prepaid or (ii) if delivered via e-mail, upon the earlier of receipt of a
“delivery receipt” or on the next Business Day after being sent (as recorded on the device from
which the sender sent the email) unless the sender receives an automated message that the email
has not been delivered. Any such notice shall be addressed as follows:
To the City: City of Anna, Texas
Attn: City Manager
120 W. 7th Street
Anna, Texas 75409
E-mail: mmarchand@annatexas.gov
With a copy to: Wolfe, Tidwell & McCoy, LLP
Attn: Clark McCoy
2591 Dallas Parkway, Suite 300
Frisco, Texas 75034
E-mail: cmccoy@wtmlaw.net
To the Developer: VC Liberty Hills, LLC
Attn: Kevin Lazares
3860 W Northwest Hwy, Suite 450
Dallas, Texas 75220
E-mail: klazares@veritascommunities.com
8
Liberty Hills Economic Development Agreement
With copies to: Greenberg Traurig, LLP
Attn: Drew Slone
2200 Ross Avenue, Suite 5200
Dallas, Texas 75201
E-mail: drew.slone@gtlaw.com
Any Party may change its address or addresses for delivery of notice by delivering written
notice of such change of address to the other Party.
Section 4.05 Interpretation. The Parties acknowledge that each has been actively
involved in negotiating this Agreement. Accordingly, the rule of construction that any ambiguities
are to be resolved against the drafting Party will not apply to interpreting this Agreement. In the
event of any dispute over the meaning or application of any provision of this Agreement, the
provision will be interpreted fairly and reasonably and neither more strongly for nor against any
Party, regardless of which Party originally drafted the provision.
Section 4.06 Time. In this Agreement, time is of the essence and compliance with the
times for performance herein is necessary and required.
Section 4.07 Authority and Enforceability. The City represents and warrants that this
Agreement has been approved by official action of the City Council in accordance with all
applicable public notice requirements (including, but not limited to, notices required by the Texas
Open Meetings Act) and that the individual executing this Agreement on behalf of the City has
been and is duly authorized to do so. The Board represents and warrants that this Agreement has
been approved by official action of the Board in accordance with all applicable public notice
requirements (including, but not limited to, notices required by the Texas Open Meetings Act) and
that the individual executing this Agreement on behalf of the Board has been and is duly authorized
to do so. The Developer represents and warrants that this Agreement has been approved by
appropriate action of the Developer, and that the individual executing this Agreement on behalf of
the Developer has been and is duly authorized to do so. Each Party respectively acknowledges
and agrees that this Agreement is binding upon such Party and is enforceable against such Party,
in accordance with its terms and conditions and to the extent provided by law.
Section 4.08 Severability. This Agreement shall not be modified or amended except in
writing signed by the Parties. If any provision of this Agreement is determined by a court of
competent jurisdiction to be unenforceable for any reason, then: (a) such unenforceable provision
shall be deleted from this Agreement; (b) the unenforceable provision shall, to the extent possible
and upon mutual agreement of the Parties, be rewritten to be enforceable and to give effect to the
intent of the Parties; and (c) the remainder of this Agreement shall remain in full force and effect
and shall be interpreted to give effect to the intent of the Parties.
Section 4.09 Applicable Law; Venue. This Agreement is entered into pursuant to, and is
to be construed and enforced in accordance with, the laws of the State of Texas, and all obligations
of the Parties are performable in Collin County. Exclusive venue for any action related to, arising
out of, or brought in connection with this Agreement shall be in the Collin County State District
Court.
Section 4.10 Non-Waiver. Any failure by a Party to insist upon strict performance by
the other Party of any material provision of this Agreement shall not be deemed a waiver thereof,
9
Liberty Hills Economic Development Agreement
and the Party shall have the right at any time thereafter to insist upon strict performance of any
and all provisions of this Agreement. No provision of this Agreement may be waived except in
writing signed by the Party waiving such provision. Any waiver shall be limited to the specific
purposes for which it is given. No waiver by any Party of any term or condition of this Agreement
shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver
of the same term or condition.
Section 4.11 Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed an original and constitute one and the same
instrument.
Section 4.12 Complete Agreement. This Agreement embodies the entire Agreement
between the Parties and cannot be varied or terminated except as set forth in this Agreement, or by
written agreement of the City, the Board, and the Developer expressly amending the terms of this
Agreement.
Section 4.13 Consideration. This Agreement is executed by the Parties without coercion
or duress and for substantial consideration, the sufficiency of which is hereby acknowledged.
Section 4.14 Statutory Verifications. The Developer makes the following
representations and covenants pursuant to Chapters 2252, 2271, 2274, and 2276, Texas
Government Code, as heretofore amended (the “Government Code”), in entering into this
Agreement. As used in such verifications, “affiliate” means an entity that controls, is controlled
by, or is under common control with the Developer within the meaning of SEC Rule 405, 17 C.F.R.
§ 230.405, and exists to make a profit. Liability for breach of any such verification during the
term of this Agreement shall survive until barred by the applicable statute of limitations, and shall
not be liquidated or otherwise limited by any provision of this Agreement, notwithstanding
anything in this Agreement to the contrary.
a) Not a Sanctioned Company. The Developer represents that neither it nor any of its parent
company, wholly- or majority-owned subsidiaries, and other affiliates is a company
identified on a list prepared and maintained by the Texas Comptroller of Public Accounts
under Section 2252.153 or Section 2270.0201, Government Code. The foregoing
representation excludes the Developer and each of its parent company, wholly- or majority-
owned subsidiaries, and other affiliates, if any, that the United States government has
affirmatively declared to be excluded from its federal sanctions regime relating to Sudan
or Iran or any federal sanctions regime relating to a foreign terrorist organization.
b) No Boycott of Israel. The Developer hereby verifies that it and its parent company, wholly-
or majority-owned subsidiaries, and other affiliates, if any, do not boycott Israel and will
not boycott Israel during the term of this Agreement. As used in the foregoing verification,
“boycott Israel” has the meaning provided in Section 2271.001, Government Code.
c) No Discrimination Against Firearm Entities. The Developer hereby verifies that it and its
parent company, wholly- or majority-owned subsidiaries, and other affiliates, if any, do
not have a practice, policy, guidance, or directive that discriminates against a firearm entity
or firearm trade association and will not discriminate against a firearm entity or firearm
trade association during the term of this Agreement. As used in the foregoing verification,
10
Liberty Hills Economic Development Agreement
“discriminate against a firearm entity or firearm trade association” has the meaning
provided in Section 2274.001(3), Government Code.
d) No Boycott of Energy Companies. The Developer hereby verifies that it and its parent
company, wholly- or majority-owned subsidiaries, and other affiliates, if any, do not
boycott energy companies and will not boycott energy companies during the term of this
Agreement. As used in the foregoing verification, “boycott energy companies” has the
meaning provided in Section 2276.001(1), Government Code.
[SIGNATURES TO FOLLOW]
S-1
Liberty Hills Economic Development Agreement
EXECUTED BY THE PARTIES TO BE EFFECTIVE ON THE EFFECTIVE DATE:
CITY OF ANNA, TEXAS
By: ______________________________
Name: Pete Cain
Title: Mayor
ATTEST:
By: ______________________________
Name: Carrie Land
Title: City Secretary
Liberty Hills Economic Development Agreement
EXHIBIT A-1
METES AND BOUNDS DESCRIPTION OF DEVELOPMENT AGREEMENT
PROPERTY
Page 1 of 10
TRACT ONE
694.344 Acres
SITUATED in the County of Collin, State of Texas, and being a part of the Henry Smith
Survey, Abstract No. 822, the Zachariah Roberts Survey, Abstract No. 760, the John Batterton Survey,
Abstract No. 94, the W.P. Burns Survey, Abstract No. 100, the J.C. Burge Survey, Abstract No. 106 and
the Jonas Whitaker Survey, Abstract No. 981 and being a part of the 2,304.493 acre tract of land (Tract
F) conveyed from Viola Lordsmeer, L.P. to Risland Mantua, LLC by Special Warranty Deed dated June
25, 2018 and recorded in Instrument No. 20180625000783630, Official Public Records, Collin County,
Texas, and being more particularly described by metes and bounds as follows, to-wit:
BEGINNING at a 1/2 inch rebar found in or near the centerline intersection of County Road
370, a public road, with County Road 368, a public road, in the South line of said Henry Smith Survey
and the North line of the John Elliott Survey, Abstract No. 296, at the Northwest corner of the remainder
of the 16.215 acre tract of land conveyed to Sheikh M. Alam, recorded in Volume 4335, Page 955, Deed
Records, Collin County, Texas, and the most Southerly Southwest corner of both said Risland Mantua
2,304.493 ac. and the herein described tract;
THENCE North 01 deg. 13 min. 07 sec. West, with the pavement of said County Road 368 and a
West line of said Risland Mantua 2,304.493 ac., a distance of 2,021.14 ft. to a 1/2 inch rebar found at the
most Easterly Northeast corner of Hurricane Creek Estates, an unrecorded Plat, and an Ell corner of both
said Risland Mantua 2,304.493 ac. and the herein described tract;
THENCE Westerly, with a North line of said Hurricane Creek Estates and a South line of said
Risland Mantua 2,304.493 ac., the following calls and distances:
1. South 80 deg. 49 min. 43 sec. West, a distance of 212.73 ft. to a 5/8 inch rebar found
at an angle point;
2. South 81 deg. 00 min. 36 sec. West, a distance of 212.18 ft. to a 5/8 inch rebar found
at an
3. South 79 deg. 47 min. 15 sec. West, a distance of 215.41 ft. to a 5/8 inch rebar found
at an angle point;
4. South 79 deg. 47 min. 48 sec. West, a distance of 211.76 ft. to a 1 inch pipe found at
an angle point;
5. South 80 deg. 49 min. 08 sec. West, a distance of 220.15 ft. to a 5/8 inch rebar found
at an Ell corner of said Hurricane Creek Estates, a Southwest corner of both said
Risland Mantua 2,304.493 ac. and the herein described tract;
THENCE Northerly, with an East line of said Hurricane Creek Estates and a West line of said
Risland Mantua 2,304.493 ac., the following calls and distances:
1. North 00 deg. 47 min. 59 sec. West, a distance of 95.57 ft. to a 5/8 inch rebar found at
an angle point;
2. North 00 deg. 53 min. 28 sec. East, a distance of 242.25 ft. to a 5/8 inch rebar found
at an angle point;
3. North 01 deg. 07 min. 11 sec. East, a distance of 264.53 ft. to a 1/2 inch capped rebar
set stamped “RPLS 6578” at an angle point;
4. North 01 deg. 48 min. 05 sec. East, a distance of 76.53 ft. to a 1/2 inch capped rebar
set stamped “RPLS 6578” at an angle point;
5. North 02 deg. 27 min. 54 sec. East, a distance of 99.19 ft. to a 1/2 inch capped rebar
set stamped “RPLS 6578” at the most Northerly Northeast corner of said Hurricane
Creek Estates, at an Ell corner of both said Risland Mantua 2,304.493 ac. and the
herein described tract;
THENCE South 89 deg. 45 min. 34 sec. West, with a North line of said Hurricane Creek Estates
and a South line of said Risland Mantua 2,304.493 ac., a distance of 51.65 ft. to a 1/2 inch capped rebar
set stamped “RPLS 6578”at the most Southerly Southeast corner of the 179.55 ac. tract of land conveyed
to Grayson-Collin Recreational Association, Inc. in Volume 705, Page 90, said Deed Records, at a
Southwest corner of both said Risland Mantua 2,304.493 ac. and the herein described tract;
Page 2 of 10
THENCE Northerly, with an East line of said Grayson-Collin Recreational Association 179.55
ac. and a West line of said Risland Mantua 2,304.493 ac., the following calls and distances:
1. North 17 deg. 52 min. 19 sec. East, a distance of 782.45 ft. to a 42 inch Elm tree at an
angle point;
2. North 22 deg. 57 min. 03 sec. East, a distance of 424.80 ft. to a 1 inch pipe found at
an angle point;
3. North 22 deg. 16 min. 10 sec. West, a distance of 763.52 ft. to a 1/2 inch capped rebar
set, stamped “RPLS 6578” at an angle point;
4. North 12 deg. 31 min. 05 sec. West, a distance of 690.34 ft. to a 1 inch pipe found at
an angle point;
5. North 35 deg. 44 min. 24 sec. East, a distance of 668.76 ft. to a 1/2 inch rebar found
at an angle point;
6. North 03 deg. 14 min. 16 sec. East, a distance of 279.04 ft. to a 1/2 inch rebar found
at the most Westerly Southwest corner of the 7.493 ac. tract of land conveyed to
Grayson-Collin Recreational Association, Inc. in Volume 738, Page 342, said Deed
Records, at an angle point;
THENCE Southeasterly, with the Southwest line of said Grayson-Collin Recreational Association
7.493 ac. and a Northeast line of said Risland Mantua 2,304.493 ac., the following calls and distances:
1. South 60 deg. 30 min. 30 sec. East, a distance of 753.00 ft. to a 1 inch pipe found at
an angle point;
2. South 38 deg. 05 min. 22 sec. East, a distance of 416.65 ft. to a 1/2 inch rebar found
at an angle point;
3. South 20 deg. 05 min. 14 sec. East, a distance of 393.25 ft. to a 1 inch pipe found at
the most Southerly Southwest corner of said Grayson-Collin Recreational Association
7.493., at an Ell corner of both said Risland Mantua 2,304.493 ac. and the herein
described tract;
THENCE North 64 deg. 28 min. 26 sec. East, with the South line of said Grayson-Collin
Recreational Association 7.493 ac. and a North line of said Risland Mantua 2,304.493 ac., a distance of
48.14 ft. to a 1/2 inch rebar found at an angle point;
THENCE North 71 deg. 32 min. 49 sec. East, continuing with the South line of said Grayson-
Collin Recreational Association 7.493 ac. and a North line of said Risland Mantua 2,304.493 ac., a
distance of 175.44 ft. to a 1/2 inch capped rebar set, stamped “RPLS 6578” at the Southeast corner of said
Grayson Collin Recreational Association 7.493 ac., the most Easterly Southeast corner of said Grayson-
Collin Recreational Association 179.55 ac. and an angle point of both said Risland Mantua 2,304.493 ac.
and the herein described tract;
THENCE Easterly, Northerly, then Northwesterly, along the common property line of both said
Grayson-Collin Recreational Association 179.55 ac. and Risland Mantua 2,304.493 ac., the following calls
and distances:
1. North 68 deg. 39 min. 59 sec. East, a distance of 279.42 ft. to a 1/2 inch rebar found
at an angle point;
2. North 16 deg. 00 min. 07 sec. East, a distance of 631.15 ft. to a 1/2 inch rebar found
at an angle point;
3. North 43 deg. 56 min. 13 sec. West, a distance of 1,122.16 ft. to a 1/2 inch capped
rebar set stamped “RPLS 6578” at an angle point;
4. North 66 deg. 25 min. 20 sec. West, a distance of 1,304.43 ft. to a 1/2 inch capped
rebar set stamped “RPLS at the most Northerly corner of said Grayson-Collin
Recreational Association 179.55 ac. and an angle point of both said Risland Mantua
2,304.493 ac. and the herein described tract;
THENCE South 31 deg. 00 min. 14 sec. West, with the West line of said Grayson-Collin Recreational
Association 179.55 ac. and an East line of said Risland Mantua 2,304.493 ac., a distance of 345.00 ft. to
Page 3 of 10
a point in the East bank of a pond, at an angle point;
THENCE Southwesterly, with the East bank of a pond, along the West line of said Grayson-Collin
Recreational Association 179.55 ac. and an East line of said Risland Mantua 2,304.493 the following calls
and distances:
1. South 65 deg. 09 min. 26 sec. West, a distance of 350.00 ft.;
2. South 59 deg. 44 min. 48 sec. West, a distance of 390.00 ft.;
3. South 32 deg. 52 min. 18 sec. East, a distance of 100.00 ft.;
4. South 40 deg. 29 min. 25 sec. West, a distance of 55.00 ft.;
5. North 59 deg. 49 min. 47 sec. West, a distance of 150.00 ft.;
6. South 89 deg. 36 min. 28 sec. West, a distance of 190.00 ft.;
7. South 25 deg. 45 min. 05 sec. West, a distance of 190.00 ft.;
8. South 31 deg. 50 min. 15 sec. West, a distance of 265.00 ft.;
9. South 16 deg. 52 min. 45 sec. West, a distance of 500.00 ft.;
10. South 81 deg. 20 min. 55 sec. East, a distance of 205.00 ft.;
11. South 25 deg. 08 min. 27 sec. East, a distance of 200.00 ft.;
12. South 06 deg. 15 min. 31 sec. East, a distance of 85.00 ft.;
13. South 24 deg. 28 min. 32 sec. West, a distance of 150.00 ft.;
14. South 20 deg. 37 min. 55 sec. West, a distance of 205.00 ft.;
15. South 09 deg. 56 min. 57 sec. East, a distance of 120.00 ft.;
16. North 64 deg. 36 min. 06 sec. West, a distance of 115.00 ft.;
17. South 19 deg. 23 min. 16 sec. East, a distance of 200.00 ft.;
18. South 37 deg. 19 min. 08 sec. West, a distance of 70.00 ft.;
19. South 60 deg. 56 min. 07 sec. West, a distance of 110.00 ft.;
20. South 29 deg. 09 min. 31 sec. West, a distance of 250.00 ft.;
21. South 17 deg. 58 min. 21 sec. West, a distance of 290.00 ft.;
THENCE South 86 deg. 05 min. 16 sec. West, with the South bank of a pond, along a North line of
said Grayson-Collin Recreational Association 179.55 ac. and a South line of said Risland Mantua
2,304.493 ac., a distance of 165.01 ft. to a point in line with a creek to the South;
THENCE Southerly, with the center of a creek, the West line of said Grayson-Collin Recreational
Association 179.55 ac. and an East line of said Risland Mantua 2,304.493 ac., the following calls and
distances:
1. South 02 deg. 18 min. 45 sec. West, a distance of 180.00 ft.;
2. South 07 deg. 21 min. 55 sec. East, a distance of 142.55 ft.;
3. South 20 deg. 21 min. 46 sec. West, a distance of 68.44 ft.;
4. South 37 deg. 03 min. 53 sec. West, a distance of 61.49 ft.;
5. South 64 deg. 30 min. 25 sec. West, a distance of 68.25 ft.;
6. South 21 deg. 56 min. 56 sec. West, a distance of 127.43 ft.;
7. South 10 deg. 33 min. 50 sec. East, a distance of 186.00 ft.;
8. South 23 deg. 42 min. 08 sec. East, a distance of 180.15 ft.;
9. South 29 deg. 18 min. 26 sec. East, a distance of 118.28 ft.;
10. South 50 deg. 34 min. 40 sec. West, a distance of 65.47 ft.;
11. South 35 deg. 56 min. 57 sec. West, a distance of 74.91 ft.;
12. South 51 deg. 20 min. 01 sec. West, a distance of 137.86 ft.;
13. South 30 deg. 41 min. 01 sec. West, a distance of 59.61 ft.;
14. South 01 deg. 39 min. 28 sec. West, a distance of 48.43 ft.;
15. South 15 deg. 38 min. 49 sec. West, a distance of 59.78 ft.;
16. South 32 deg. 29 min. 33 sec. West, a distance of 70.38 ft.;
17. South 18 deg. 00 min. 15 sec. West, a distance of 87.06 ft.;
18. South 33 deg. 07 min. 26 sec. West, a distance of 87.26 ft. to a point at the Southwest
corner of said Grayson-Collin Recreational Association 179.55 ac., at an Ell corner of
both said Risland Mantua 2,304.493 ac. and the herein described tract;
THENCE North 80 deg. 55 min. 18 sec. East, with the South line of said Grayson-Collin Recreational
Association 179.55 ac. and a North line of said Risland Mantua 2,304.493 ac., passing a 1/2 inch capped
rebar set, stamped “RPLS 6578” (for witness) at 104.23 ft. and continuing on said course for a TOTAL
Page 4 of 10
distance of 898.20 ft. to a 1/2 inch capped rebar set stamped “RPLS 6578” at the Northwest corner of said
Hurricane Creek Estates and the most Southerly Northeast corner of both said Risland Mantua 2,304.493
ac. and the herein described tract;
THENCE Southerly, with the West line of said Hurricane Creek Estates and an East line of said
Risland Mantua 2,304.493 ac., the following calls and distances:
1. South 01 deg. 30 min. 49 sec. East, a distance of 234.97 ft. to a 1/2 inch capped rebar
set stamped “RPLS 6578” at an angle point;
2. South 01 deg. 40 min. 21 sec. East, a distance of 100.03 ft. to a 5/8 inch rebar found
at an angle point;
3. South 01 deg. 26 min. 53 sec. East, a distance of 230.25 ft. to a 5/8 inch rebar found
at an angle point;
4. South 02 deg. 34 min. 04 sec. East, a distance of 240.01 ft. to a 5/8 inch rebar found
at an angle point;
5. South 02 deg. 31 min. 27 sec. East, a distance of 193.14 ft. to a 1/2 inch capped rebar
found at the Northeast corner of the 59.73 ac. tract of land conveyed to MM Anna 325,
LLC, recorded in Instrument No. 2019041100386110, said Official Public Records, at
a Southeast corner of both said Risland Mantua 2,304.493 ac. and the herein described
tract;
THENCE South 89 deg. 01 min. 06 sec. West, with the general course of a wire fence maintaining
the North line of said MM Anna 325 59.73 ac. and a South line of said Risland Mantua 2,304.493 ac.,
passing a 1/2 inch capped rebar found (for Witness) at the end of said fence at 938.20 ft. and continuing
on said course for a TOTAL distance of 1,215.59 ft. to a point in the center of a creek, in the East line of
the 48.900 ac. tract of land conveyed to Donna Gail Peeler in Volume 4972, Page 5535, said Deed Records,
at the Northwest corner of said MM Anna 325 59.73 ac., at a Southwest corner of both said Risland Mantua
2,304.493 ac. and the herein described tract;
THENCE Northwesterly, with the center of a creek, the East line of said Peeler 48.900 ac. and the
52.77 ac. tract of land conveyed to Janis Real Estate, recorded in Instrument No. 20220420000632060,
said Official Public Records and a West line of said Risland Mantua 2,304.493 ac., the following calls and
distances:
1. North 34 deg. 56 min. 42 sec. East, a distance of 103.29 ft.;
2. North 25 deg. 27 min. 55 sec. East, a distance of 87.41 ft.;
3. North 14 deg. 15 min. 11 sec. West, a distance of 109.46 ft.;
4. North 09 deg. 26 min. 32 sec. East, a distance of 44.80 ft.;
5. North 25 deg. 25 min. 55 sec. East, a distance of 68.17 ft.;
6. North 10 deg. 58 min. 09 sec. East, a distance of 44.27 ft.;
7. North 48 deg. 07 min. 28 sec. East, a distance of 65.89 ft.;
8. North 76 deg. 04 min. 15 sec. East, a distance of 77.19 ft.;
9. North 05 deg. 59 min. 38 sec. East, a distance of 80.43 ft.;
10. North 16 deg. 36 min. 05 sec. West, a distance of 25.15 ft.;
11. North 55 deg. 07 min. 32 sec. West, a distance of 46.80 ft.;
12. North 72 deg. 50 min. 00 sec. West, a distance of 123.19 ft.;
13. South 81 deg. 44 min. 01 sec. West, a distance of 41.34 ft.;
14. North 70 deg. 40 min. 03 sec. West, a distance of 39.93 ft.;
15. North 18 deg. 54 min. 48 sec. West, a distance of 46.24 ft.;
16. North 30 deg. 12 min. 42 sec. East, a distance of 86.17 ft.;
17. North 55 deg. 20 min. 43 sec. West, a distance of 26.95 ft.;
18. North 83 deg. 50 min. 31 sec. West, a distance of 22.50 ft.;
19. South 68 deg. 54 min. 13 sec. West, a distance of 27.87 ft.;
20. North 22 deg. 54 min. 12 sec. West, a distance of 86.02 ft.;
21. North 26 deg. 45 min. 33 sec. East, a distance of 14.91 ft.;
22. North 50 deg. 40 min. 12 sec. East, a distance of 42.50 ft.;
23. North 10 deg. 24 min. 46 sec. West, a distance of 17.30 ft.;
24. North 72 deg. 20 min. 36 sec. West, a distance of 44.01 ft.;
25. North 44 deg. 49 min. 18 sec. West, a distance of 31.13 ft.;
26. North 87 deg. 03 min. 39 sec. West, a distance of 12.89 ft.;
27. South 64 deg. 02 min. 23 sec. West, a distance of 41.90 ft.;
28. North 86 deg. 18 min. 51 sec. West, a distance of 19.60 ft.;
Page 5 of 10
29. North 13 deg. 04 min. 46 sec. West, a distance of 18.21 ft.;
30. North 53 deg. 06 min. 48 sec. East, a distance of 15.77 ft.;
31. North 77 deg. 43 min. 43 sec. East, a distance of 16.69 ft.;
32. North 43 deg. 03 min. 46 sec. East, a distance of 28.01 ft.;
33. North 17 deg. 12 min. 14 sec. West, a distance of 18.36 ft.;
34. North 71 deg. 22 min. 19 sec. West, a distance of 21.59 ft.;
35. North 22 deg. 14 min. 44 sec. East, a distance of 25.85 ft.;
36. North 81 deg. 00 min. 45 sec. East, a distance of 25.03 ft.;
37. North 20 deg. 24 min. 50 sec. East, a distance of 33.04 ft.;
38. North 27 deg. 26 min. 38 sec. West, a distance of 22.31 ft.;
39. North 83 deg. 06 min. 16 sec. West, a distance of 148.69 ft.;
40. North 25 deg. 25 min. 26 sec. West, a distance of 47.53 ft.;
41. North 67 deg. 01 min. 29 sec. West, a distance of 30.30 ft.;
42. North 84 deg. 50 min. 03 sec. West, a distance of 47.00 ft.;
43. North 74 deg. 58 min. 05 sec. West, a distance of 33.79 ft.;
44. South 76 deg. 58 min. 39 sec. West, a distance of 33.35 ft.;
45. North 35 deg. 23 min. 19 sec. West, a distance of 27.57 ft.;
46. North 11 deg. 56 min. 26 sec. West, a distance of 54.69 ft.;
47. North 43 deg. 24 min. 18 sec. West, a distance of 52.00 ft.;
48. South 55 deg. 10 min. 00 sec. West, a distance of 27.34 ft.;
49. South 78 deg. 02 min. 05 sec. West, a distance of 27.52 ft.;
50. North 67 deg. 40 min. 27 sec. West, a distance of 74.72 ft.;
51. North 74 deg. 50 min. 18 sec. West, a distance of 51.31 ft.;
52. North 61 deg. 04 min. 09 sec. West, a distance of 43.45 ft.;
53. North 41 deg. 31 min. 56 sec. West, a distance of 71.57 ft.;
54. North 26 deg. 20 min. 00 sec. West, a distance of 52.30 ft.;
55. North 48 deg. 41 min. 18 sec. West, a distance of 61.74 ft.;
56. North 78 deg. 02 min. 53 sec. West, a distance of 43.15 ft.;
57. North 45 deg. 16 min. 16 sec. West, a distance of 161.73 ft.;
58. South 70 deg. 57 min. 23 sec. West, a distance of 52.72 ft.;
59. South 61 deg. 06 min. 37 sec. West, a distance of 35.06 ft.;
60. South 72 deg. 45 min. 56 sec. West, a distance of 40.53 ft.;
61. South 87 deg. 34 min. 10 sec. West, a distance of 28.77 ft.;
62. North 67 deg. 42 min. 02 sec. West, a distance of 33.33 ft.;
63. North 23 deg. 39 min. 03 sec. West, a distance of 52.95 ft.;
64. South 89 deg. 23 min. 21 sec. West, a distance of 70.36 ft.;
65. North 74 deg. 15 min. 03 sec. West, a distance of 25.54 ft.;
66. North 51 deg. 05 min. 09 sec. West, a distance of 29.41 ft.;
67. North 20 deg. 44 min. 38 sec. East, a distance of 41.42 ft.;
68. North 31 deg. 24 min. 12 sec. West, a distance of 45.13 ft.;
69. South 77 deg. 29 min. 33 sec. West, a distance of 63.04 ft.;
70. North 33 deg. 59 min. 18 sec. West, a distance of 11.78 ft. to a point at the Northeast corner of said
Janis Real Estate 52.77 ac., at an Ell corner of both said Risland Mantua 2,304.493 ac. and the
herein described tract;
THENCE South 88 deg. 29 min. 46 sec. West, with the North line of said Janis Real Estate 52.77 ac.
and a South line of said Risland Mantua 2,304.493 ac., passing a 1/2 inch rebar found (for witness) at
1,917.45 ft. and continuing on said course for a TOTAL distance of 1,940.65 ft. to a 1/2 inch rebar found
in the pavement of County Road 290, a public road, in an East line of both the 103.991 ac. tract of land
conveyed to Mohammad Ali Manouchehripour in Volume 5200, Page 5012, said Official Public Records
and the Joseph Britton Survey, Abstract No. 72 and the West line of said Zachariah Roberts Survey, at the
Northwest corner of said Janis Real Estate 52.77 ac., at the most Westerly Southwest corner of both said
Risland Mantua 2,304.493 ac. and the herein described tract;
THENCE North 01 deg. 12 min. 42 sec. West, with the pavement of said County Road 290, an East
line of both said Manouchehripour 103.991 ac. and the Thornton Family Trust “called” 103 acre tract of
land conveyed in Instrument No. 2021043000877560, said Official Public Records and the East line of
said Joseph Britton Survey and a West line of both said Zacharia Roberts Survey and Risland Mantua
2,304.493 ac. passing the Northeast corner of said Manouchehripour 103.991 ac. and continuing on said
course for a distance of 1,130.77 ft. to a PK nail set at the Southwest corner of the 10.669 ac. tract of land
conveyed to Delmore A. M. Church and Joyce Church in Volume 702, Page 585, said Deed Records, at a
Page 6 of 10
Northwest corner of said Risland Mantua 2,304.493 ac. and the most Western Northwest corner of the
herein described tract;
THENCE South 88 deg. 26 min. 45 sec. East, with a South line of said Church 10.669 ac. and a North
line of said Risland Mantua 2,304.493 ac., passing a 1/2 inch rebar found (for witness) at 27.59 ft. and
continuing for a TOTAL distance of 353.22 ft. to a 1/2 inch capped rebar set, stamped “RPLS 6578” at
the most Southerly Southeast corner of said Church 10.669 ac. and an Ell corner of both said Mantua
2,304.493 ac. and the herein described tract;
THENCE North 01 deg. 36 min. 46 sec. West, with an East line of said Church 10.669 ac. and a West
line of said Risland Mantua 2,304.493 ac., a distance of 628.19 ft. to a 1/2 inch capped rebar set, stamped
“RPLS 6578” at an Ell corner of said Church 10.669 ac., at a Northwest corner of both said Risland
Mantua 2,304.493 ac. and the herein described tract;
THENCE North 86 deg. 35 min. 25 sec. East, with a South line of said Church 10.669 ac. and a North
line of said Risland Mantua 2,304.493 ac., a distance of 587.02 ft. to a 12 inch wood corner post at the
most Easterly Southeast corner of said Church 10.669 ac., at an Ell corner of both said Risland Mantua
2,304.493 ac. and the herein described tract;
THENCE North 01 deg. 14 min. 35 sec. West, with an East line of said Church 10.669 ac. and a West
line of said Risland Mantua 2,304.493 ac., a distance of 251.70 ft. to a 1/2 inch rebar found in the center
of said County Road 290, in the North line of said Zachariah Roberts Survey and the South line of said
John Batterton survey, at the Northeast corner of said Church 10.669 ac. and an Ell corner of said Risland
Mantua 2,304.493 ac., at a Northwest corner of the herein described tract;
THENCE North 89 deg. 18 min. 25 sec. East, along or near the center of said County Road 290, over
and across Risland Mantua 2,304.493 ac., with the North line of said Zachariah Roberts Survey and the
South line of said John Batterton Survey, passing the Southeast edge of pavement of said County Road
290, and continuing on said course for a distance of 797.98 ft. to a 1/2 inch rebar found at an Ell corner of
the herein described tract;
THENCE North 00 deg. 49 min. 03 sec. West, continuing over and across said Risland Mantua
2,304.493 ac., passing the Southeast edge and re-entering the pavement of said County Road 290,
continuing on said course along or near the center of said road, passing the Northwest edge of pavement
of said road, and continuing on said course for a distance of 1,687.21 ft. to a 1/2 inch capped rebar set,
stamped “RPLS 6578” at the most Northern Northwest corner of the herein described tract;
THENCE North 88 deg. 20 min. 33 sec. East, continuing over and across said Risland Mantua
2,304.493 ac., passing the Northwest edge and re-entering the pavement of said County Road 290, and
continuing on said course along or near the center of said County Road 290 for a distance of 772.49 ft. to
a 1/2 inch rebar found in the West line of the 18.632 ac. tract of land conveyed to Mohammed Rehman,
recorded in Instrument No. 20210322000563200, said Official Public Records, in an East line of said
Risland Mantua 2,304.493 ac., in the West line of said W.P. Burns Survey and the East line of said John
Batterton Survey, at a Northeast corner of the herein described tract;
THENCE South 00 deg. 54 min. 38 sec. East, with the West line of both said Rehman 18.632 ac. and
W.P. Burns Survey and the East line of both said Risland Mantua 2,304.493 ac. and John Batterton Survey,
a distance of 191.05 ft. to a 1/2 inch rebar found in the center of a draw, at the Southwest corner of said
Rehman 18.632 ac. and an Ell corner of the herein described tract;
THENCE Southeasterly, with the center of a draw and creek, with the South line of said Rehman
18.632 ac. and the West line of Lots 1 and 3 of Triple I Ranch Addition to the Collin County, Texas,
recorded in Instrument No. 2003-0183169, Map Records, Collin County, Texas, and the North and East
lines of said Risland Mantua 2,304.493 ac., the following calls and distances:
1. South 85 deg. 33 min. 48 sec. East, a distance of 38.17 ft.;
2. South 56 deg. 34 min. 17 sec. East, a distance of 114.66 ft.;
3. South 73 deg. 39 min. 14 sec. East, a distance of 29.10 ft.;
4. North 80 deg. 55 min. 30 sec. East, a distance of 49.80 ft.;
5. North 84 deg. 10 min. 17 sec. East, a distance of 35.20 ft.;
6. South 71 deg. 30 min. 51 sec. East, a distance of 6.41 ft.;
7. South 23 deg. 37 min. 31 sec. East, a distance of 11.94 ft.;
Page 7 of 10
8. South 48 deg. 57 min. 54 sec. East, a distance of 22.31 ft.;
9. South 78 deg. 22 min. 44 sec. East, a distance of 11.77 ft.;
10. South 44 deg. 57 min. 16 sec. East, a distance of 23.99 ft.;
11. South 72 deg. 03 min. 20 sec. East, a distance of 36.45 ft.;
12. North 83 deg. 45 min. 09 sec. East, a distance of 60.49 ft.;
13. South 45 deg. 51 min. 25 sec. East, a distance of 42.03 ft.;
14. South 88 deg. 20 min. 49 sec. East, a distance of 17.06 ft.;
15. South 70 deg. 55 min. 50 sec. East, a distance of 17.71 ft.;
16. North 79 deg. 53 min. 05 sec. East, a distance of 13.68 ft.;
17. North 62 deg. 26 min. 21 sec. East, a distance of 46.40 ft.;
18. North 43 deg. 42 min. 20 sec. East, a distance of 14.49 ft.;
19. North 13 deg. 18 min. 36 sec. East, a distance of 11.48 ft.;
20. North 82 deg. 07 min. 05 sec. East, a distance of 10.03 ft.;
21. South 86 deg. 09 min. 24 sec. East, a distance of 11.23 ft.;
22. South 49 deg. 44 min. 51 sec. East, a distance of 13.10 ft.;
23. South 70 deg. 30 min. 13 sec. East, a distance of 13.52 ft.;
24. South 84 deg. 22 min. 03 sec. East, a distance of 23.33 ft.;
25. South 35 deg. 35 min. 31 sec. East, a distance of 20.91 ft.;
26. South 84 deg. 29 min. 02 sec. East, a distance of 15.59 ft.;
27. South 51 deg. 00 min. 33 sec. East, a distance of 27.17 ft.;
28. South 78 deg. 25 min. 01 sec. East, a distance of 15.92 ft.;
29. North 58 deg. 51 min. 30 sec. East, a distance of 16.62 ft.;
30. South 49 deg. 41 min. 08 sec. East, a distance of 32.18 ft.;
31. South 29 deg. 08 min. 01 sec. East, a distance of 14.80 ft.;
32. South 05 deg. 40 min. 16 sec. East, a distance of 30.35 ft.;
33. South 51 deg. 27 min. 12 sec. East, a distance of 16.84 ft.;
34. North 55 deg. 07 min. 54 sec. East, a distance of 35.31 ft.;
35. North 89 deg. 52 min. 19 sec. East, a distance of 29.08 ft.;
36. South 31 deg. 29 min. 55 sec. East, a distance of 19.97 ft.;
37. South 47 deg. 09 min. 08 sec. East, a distance of 27.66 ft.;
38. South 18 deg. 55 min. 35 sec. East, a distance of 20.76 ft.;
39. South 63 deg. 16 min. 02 sec. East, a distance of 9.33 ft.;
40. North 87 deg. 41 min. 54 sec. East, a distance of 12.80 ft.;
41. North 49 deg. 59 min. 39 sec. East, a distance of 43.53 ft.;
42. North 77 deg. 10 min. 32 sec. East, a distance of 43.67 ft.;
43. South 57 deg. 38 min. 18 sec. East, a distance of 10.00 ft.;
44. South 05 deg. 42 min. 20 sec. East, a distance of 16.81 ft.;
45. South 42 deg. 16 min. 02 sec. East, a distance of 18.23 ft. at the centerline intersection of draw
and creek;
46. South 06 deg. 44 min. 28 sec. West, a distance of 37.06 ft.
47. South 38 deg. 50 min. 25 sec. East, a distance of 22.72 ft.;
48. North 57 deg. 28 min. 10 sec. East, a distance of 27.21 ft.;
49. South 50 deg. 28 min. 32 sec. East, a distance of 39.42 ft.;
50. South 16 deg. 41 min. 39 sec. West, a distance of 23.29 ft.;
51. South 23 deg. 04 min. 58 sec. East, a distance of 57.84 ft.;
52. South 49 deg. 49 min. 02 sec. West, a distance of 11.63 ft.;
53. North 64 deg. 30 min. 49 sec. West, a distance of 30.50 ft.;
54. South 50 deg. 42 min. 11 sec. West, a distance of 13.78 ft.;
55. South 15 deg. 45 min. 26 sec. East, a distance of 89.36 ft.;
56. South 10 deg. 53 min. 35 sec. West, a distance of 43.60 ft.;
57. South 12 deg. 28 min. 08 sec. East, a distance of 31.05 ft.;
58. South 88 deg. 00 min. 34 sec. West, a distance of 34.12 ft.;
59. South 56 deg. 01 min. 46 sec. West, a distance of 51.74 ft.;
60. North 84 deg. 06 min. 45 sec. West, a distance of 43.29 ft.;
61. South 16 deg. 45 min. 37 sec. West, a distance of 21.78 ft.;
62. South 18 deg. 30 min. 22 sec. East, a distance of 15.05 ft.;
63. South 70 deg. 51 min. 54 sec. East, a distance of 17.06 ft.;
64. North 77 deg. 40 min. 40 sec. East, a distance of 15.14 ft.;
65. South 63 deg. 09 min. 50 sec. East, a distance of 20.43 ft.;
66. South 27 deg. 41 min. 10 sec. East, a distance of 19.98 ft.;
67. South 31 deg. 30 min. 58 sec. West, a distance of 9.86 ft.;
68. South 83 deg. 47 min. 46 sec. West, a distance of 51.58 ft.;
Page 8 of 10
69. South 38 deg. 54 min. 19 sec. East, a distance of 29.87 ft.;
70. South 07 deg. 53 min. 15 sec. West, a distance of 13.82 ft.;
71. North 65 deg. 47 min. 39 sec. West, a distance of 19.26 ft.;
72. North 78 deg. 08 min. 54 sec. West, a distance of 76.63 ft.;
73. South 08 deg. 27 min. 48 sec. East, a distance of 53.59 ft.;
74. South 20 deg. 42 min. 26 sec. West, a distance of 26.91 ft.;
75. South 25 deg. 09 min. 45 sec. East, a distance of 31.09 ft.;
76. South 00 deg. 12 min. 02 sec. West, a distance of 31.14 ft.;
77. South 71 deg. 20 min. 53 sec. East, a distance of 29.06 ft.;
78. South 18 deg. 54 min. 03 sec. East, a distance of 13.15 ft.;
79. South 32 deg. 18 min. 04 sec. West, a distance of 25.49 ft.;
80. South 72 deg. 43 min. 07 sec. West, a distance of 15.31 ft.;
81. North 64 deg. 42 min. 33 sec. West, a distance of 23.37 ft.;
82. South 63 deg. 34 min. 24 sec. West, a distance of 18.33 ft.;
83. South 10 deg. 14 min. 08 sec. West, a distance of 43.90 ft.;
84. South 26 deg. 13 min. 56 sec. West, a distance of 34.33 ft.;
85. South 27 deg. 13 min. 02 sec. East, a distance of 20.15 ft.;
86. South 49 deg. 22 min. 10 sec. East, a distance of 24.64 ft.;
87. North 69 deg. 07 min. 38 sec. East, a distance of 21.11 ft.;
88. North 32 deg. 40 min. 48 sec. East, a distance of 40.78 ft.;
89. North 52 deg. 43 min. 43 sec. East, a distance of 44.54 ft.;
90. South 79 deg. 02 min. 31 sec. East, a distance of 17.91 ft.;
91. South 25 deg. 14 min. 13 sec. East, a distance of 10.50 ft.;
92. South 36 deg. 33 min. 49 sec. West, a distance of 45.96 ft.;
93. South 18 deg. 38 min. 57 sec. East, a distance of 60.30 ft.;
94. South 23 deg. 11 min. 17 sec. West, a distance of 22.34 ft.;
95. South 12 deg. 06 min. 39 sec. East, a distance of 59.69 ft.;
96. South 10 deg. 53 min. 13 sec. West, a distance of 48.67 ft.;
97. South 18 deg. 15 min. 42 sec. East, a distance of 38.78 ft.;
98. South 49 deg. 42 min. 55 sec. West, a distance of 38.39 ft.;
99. South 12 deg. 09 min. 41 sec. West, a distance of 41.04 ft.;
100. South 18 deg. 18 min. 43 sec. East, a distance of 46.98 ft.;
101. South 36 deg. 12 min. 31 sec. East, a distance of 41.45 ft.;
102. South 04 deg. 18 min. 51 sec. West, a distance of 40.66 ft.;
103. South 17 deg. 20 min. 59 sec. East, a distance of 18.23 ft.;
104. South 71 deg. 38 min. 45 sec. East, a distance of 27.15 ft.;
105. South 42 deg. 57 min. 19 sec. East, a distance of 11.61 ft.;
106. South 44 deg. 03 min. 41 sec. West, a distance of 29.44 ft.;
107. South 59 deg. 56 min. 34 sec. West, a distance of 26.44 ft.;
108. South 47 deg. 10 min. 58 sec. West, a distance of 23.76 ft.;
109. South 31 deg. 19 min. 02 sec. West, a distance of 37.17 ft.;
110. South 01 deg. 44 min. 52 sec. West, a distance of 35.97 ft. to a point at the Southwest corner
of said Lot 1 and an Ell corner of both said Risland Mantua 2,304.493 ac. and the herein
described tract;
THENCE North 87 deg. 26 min. 24 sec. East, with the South line of said Lot 1 and a North line
of said Risland Mantua 2,304.493 ac., passing a 1/2 inch capped rebar set, stamped “RPLS 6578” (for
witness) at 853.90 ft., and continuing on said course for a TOTAL distance of 953.68 ft. to a point in the
West bank of pond, at the Southeast corner of said Lot 1 and an Ell corner of both said Risland Mantua
2,304.493 ac. and the herein described tract;
THENCE Northerly and Northeasterly, with the West bank of pond, an East line of said Lot 1, the
East line of the 27.745 ac. tract of land conveyed to M&T Holding Company, LLC, recorded in Instrument
No. 20141105001213360, said Official Public Records, the South and East lines of the 16.952 ac. (Tract
1) tract of land conveyed to MJLA Adams, Ltd., recorded in Instrument No. 20110505000462580, said
Official Public Records, and the North and West lines of said Risland Mantua 2,304.493 ac., the following
calls and distances:
1. North 03 deg. 01 min. 38 sec. West, a distance of 565.00 ft.;
2. North 33 deg. 47 min. 24 sec. East, a distance of 475.00 ft.;
3. North 42 deg. 00 min. 46 sec. East, a distance of 350.00 ft.;
4. North 65 deg. 07 min. 09 sec. East, a distance of 500.00 ft.;
Page 9 of 10
5. North 20 deg. 08 min. 52 sec. East, a distance of 73.50 ft. to a 20 inch tree at bank of pond;
6. North 00 deg. 39 min. 26 sec. East, leaving said pond, a distance of 212.97 ft. to an angle point in
fence;
7. North 01 deg. 46 min. 16 sec. West, with the general course of a wire fence, a distance of 327.25
ft. to an angle point in fence;
8. North 01 deg. 36 min. 16 sec. West, with the general course of a wire fence, a distance of 474.99
ft. to an angle point in fence;
9. North 02 deg. 12 min. 44 sec. West, with the general course of a wire fence, passing an 8 inch tree
at fence corner (for witness) at 374.52 ft. and continuing on said course for a TOTAL distance of
412.36 ft. to a PK nail with metal flasher set in or near the center of County Road No. 372, a public
road, in the East line of said W.P. Burns Survey and the West line of said Jonas Whitaker Survey,
at the Northeast corner of said MJLA Adams 16.952 ac. and the most Northerly Northwest corner
of the herein described tract;
THENCE Easterly, along or near the center of said County Road 372, over and across said Risland
Mantua 2,304.493 ac., the following calls and distances:
1. North 49 deg. 39 min. 30 sec. East, a distance of 128.05 ft.;
2. North 57 deg. 41 min. 04 sec. East, a distance of 150.00 ft.;
3. North 74 deg. 45 min. 46 sec. East, a distance of 135.00 ft.;
4. North 89 deg. 48 min. 47 sec. East, a distance of 127.43 ft.;
5. South 86 deg. 46 min. 24 sec. East, a distance of 506.20 ft.;
6. South 87 deg. 57 min. 09 sec. East, a distance of 172.41 ft.;
7. South 77 deg. 53 min. 48 sec. East, a distance of 93.44 ft.;
8. South 63 deg. 12 min. 34 sec. East, a distance of 108.68 ft.;
9. South 63 deg. 13 min. 19 sec. East, a distance of 129.45 ft.;
10. South 67 deg. 28 min. 08 sec. East, a distance of 91.86 ft.;
11. South 69 deg. 30 min. 37 sec. East, a distance of 290.88 ft.;
12. South 86 deg. 32 min. 19 sec. East, a distance of 86.89 ft.;
13. North 53 deg. 44 min. 03 sec. East, a distance of 92.86 ft.;
14. North 36 deg. 53 min. 20 sec. East, a distance of 133.56 ft.;
15. North 34 deg. 02 min. 26 sec. East, a distance of 211.93 ft.;
16. North 32 deg. 02 min. 27 sec. East, a distance of 165.42 ft.;
17. North 37 deg. 58 min. 13 sec. East, a distance of 103.89 ft.;
18. North 69 deg. 36 min. 45 sec. East, a distance of 94.23 ft.;
19. South 75 deg. 13 min. 37 sec. East, a distance of 120.32 ft.;
20. South 69 deg. 40 min. 24 sec. East, a distance of 136.84 ft.;
21. South 67 deg. 26 min. 05 sec. East, a distance of 118.48 ft.;
22. South 72 deg. 05 min. 15 sec. East, a distance of 97.50 ft.;
23. South 87 deg. 33 min. 06 sec. East, a distance of 63.37 ft.;
24. North 86 deg. 07 min. 56 sec. East, a distance of 85.23 ft.;
25. North 86 deg. 33 min. 49 sec. East, a distance of 55.99 ft.;
26. North 87 deg. 25 min. 04 sec. East, a distance of 51.63 ft.;
27. North 89 deg. 27 min. 50 sec. East, a distance of 282.63 ft. to a PK nail set with metal flasher in
or near the center of said County Road 372, in the West right-of-way line of U.S. Highway No. 75
and the East line of said Risland Mantua 2,304.493 ac., at the most Northerly Northeast corner of
the herein described tract;
THENCE Southerly, with the West right-of-way line of said U.S. Highway No. 75 and an East line
said Risland Mantua 2,304.493 ac., the following calls and distances:
1. South 00 deg. 19 min. 57 sec. West, a distance of 157.21 ft. to a 5/8 inch aluminum capped rebar
found
2. South 07 deg. 56 min. 42 sec. West, a distance of 260.00 ft. to a 5/8 inch aluminum capped rebar
found;
3. South 13 deg. 01 min. 18 sec. West, a distance of 90.77 ft. to a 5/8 inch aluminum capped rebar
found;
4. South 13 deg. 19 min. 08 sec. East, a distance of 158.38 ft. to a 5/8 inch aluminum capped rebar
found;
5. South 06 deg. 40 min. 27 sec. West, a distance of 690.13 ft. to a 10 inch wood corner post;
6. South 27 deg. 29 min. 40 sec. West, a distance of 226.76 ft. to a 5/8 inch aluminum capped rebar
found;
Page 10 of 10
7. North 88 deg. 16 min. 00 sec. West, a distance of 27.13 ft. to a 5/8 inch aluminum capped rebar
found;
8. South 01 deg. 31 min. 42 sec. East, a distance of 99.77 ft. to a 1/2 inch capped rebar found, stamped
“RPLS 6578”;
9. South 88 deg. 15 min. 12 sec. East, a distance of 76.93 ft. to a 5/8 inch rebar found;
10. South 19 deg. 29 min. 08 sec. East, a distance of 125.64 ft. to a 5/8 inch rebar found;
11. South 00 deg. 19 min. 57 sec. West, a distance of 92.58 ft. to a 5/8 inch rebar found;
12. South 10 deg. 47 min. 37 sec. East, a distance of 305.87 ft. to a 5/8 inch rebar found;
13. South 06 deg. 13 min. 39 sec. East, a distance of 402.64 ft. to a 5/8 inch rebar found;
14. South 01 deg. 22 min. 49 sec. East, a distance of 299.50 ft. to a 5/8 inch aluminum capped rebar
found;
15. South 04 deg. 03 min. 47 sec. West, a distance of 588.55 ft. to a 5/8 inch rebar found;
16. South 18 deg. 07 min. 48 sec. West, a distance of 100.58 ft. to a 1/2 inch capped rebar set, stamped
“RPLS 6578”;
17. South 02 deg. 24 min. 25 sec. West, a distance of 293.51 ft. to a 5/8 inch rebar found;
18. South 01 deg. 18 min. 32 sec. East, a distance of 197.35 ft. to a 5/8 inch rebar found;
19. South 07 deg. 36 min. 33 sec. West, a distance of 295.70 ft. to a 5/8 inch aluminum capped rebar
found;
20. South 15 deg. 51 min. 34 sec. West, a distance of 202.09 ft. to a brass capped monument found;
21. South 07 deg. 39 min. 54 sec. West, a distance of 299.90 ft. to a brass capped monument found;
22. South 00 deg. 36 min. 24 sec. East, a distance of 202.34 ft. to a brass capped monument found;
23. South 07 deg. 35 min. 05 sec. West, a distance of 467.60 ft. to a brass capped monument found;
24. North 88 deg. 37 min. 42 sec. West, a distance of 15.83 ft. to a brass capped monument found;
25. South 00 deg. 49 min. 45 sec. West, a distance of 175.19 ft. to a brass capped monument found;
26. South 07 deg. 52 min. 40 sec. West, a distance of 113.17 ft. to a brass capped monument found;
27. South 88 deg. 30 min. 43 sec. West, a distance of 53.68 ft. to a brass capped monument found;
28. South 00 deg. 38 min. 27 sec. East, a distance of 69.59 ft. to a brass capped monument found;
29. North 89 deg. 26 min. 06 sec. East, a distance of 39.82 ft. to a brass capped monument found;
30. South 46 deg. 34 min. 09 sec. East, a distance of 4.94 ft. to a brass capped monument found;
31. South 07 deg. 38 min. 58 sec. West, a distance of 1,318.58 ft. to a brass capped monument found;
32. South 13 deg. 06 min. 56 sec. West, a distance of 200.42 ft. to a brass capped monument found;
33. South 07 deg. 01 min. 13 sec. West, a distance of 249.88 ft. to a brass capped monument found;
34. South 18 deg. 21 min. 18 sec. West, a distance of 584.03 ft. to a brass capped monument found;
35. South 07 deg. 40 min. 57 sec. West, a distance of 186.12 ft. to a brass capped monument found;
36. South 45 deg. 20 min. 37 sec. West, a distance of 79.29 ft. to a brass capped monument found;
37. South 83 deg. 25 min. 55 sec. West, a distance of 209.32 ft. to a brass capped monument found;
38. South 00 deg. 36 min. 48 sec. East, a distance of 56.51 ft. to a 5/8 inch aluminum capped rebar
found in the pavement of said County Road 370, the North line of both said Alam 16.215 ac. and
John Elliott Survey and the South line of said Henry Smith Survey, at the most Southerly Southeast
corner of both said Risland Mantua 2,304.493 ac. and the herein described tract;
THENCE South 89 deg. 11 min. 17 sec. West, with the pavement of said County Road 370, the North
line of both said Alam 16.215 ac. and John Elliott Survey and a South line of both said Mantua 2,304.493
ac. and Henry Smith Survey, a distance of 254.37 ft. to a 1/2 inch rebar found at an angle point;
THENCE South 88 deg. 36 min. 37 sec. West, continuing with the pavement of said County Road
370, the North line of both said Alam 16.215 ac. and John Elliott Survey and a South line of both said
Mantua 2,304.493 ac. and Henry Smith Survey, a distance of 375.33 ft. to the PLACE OF BEGINNING
and containing 694.344 ACRES of land.
September 8
Page 1 of 3
Exhibit A-1 Tract Two (92.667 ACRES)
SITUATED in the County of Collin, State of Texas, and being a part of the Henry Smith
Survey, Abstract No. 822, the J.C. Burge Survey, Abstract No. 106, and being a part of the 555.801 acre
tract of land (Tract B) conveyed from Viola Lordsmeer, L.P. to Risland Mantua, LLC by Special
Warranty Deed dated June 25, 2018 and recorded in Instrument No. 20180625000783630, Official
Public Records, Collin County, Texas, and being more particularly described by metes and bounds as
follows, to-wit:
BEGINNING at a 5/8 inch rebar found in the North line of both the Eli Witt Survey, Abstract
No. 997 and the D.R. Horton, LTD 275.00 acre tract of land conveyed by Instrument No.
20210212000310470, said Official Public Records and the South line of said J.C. Burge Survey, at the
Southwest corner of the 42.81 acre tract of land conveyed by Instrument No. 200610030014246640,
said Official Public Records, at a Southeast corner of said Risland Mantua 555.801 ac. and the most
Easterly Southeast corner of the herein described tract;
THENCE North 86 deg. 36 min. 27 sec. West, with the North line of both said Eli Witt Survey
and D.R. Horton, LTD 275.00 ac. and the South line of both said Burge Survey and Risland Mantua
555.801 ac., a distance of 774.67 ft. to a 1/2 inch rebar found, at the most Eastern Northeast corner of
said Henry Smith Survey, the Northwest corner of both said D.R. Horton 275.00 ac. and said Eli Witt
Survey, at an Ell corner of both said Risland Mantua 555.801 ac. and the herein described tract;
THENCE South 00 deg. 33 min. 34 sec. East, with the West line of both said Eli Witt Survey
and D.R. Horton, LTD 275.00 ac. and the East line of both said Henry Smith Survey and Risland
Mantua 555.801 ac., a distance of 509.75 ft. to a 1/2 inch capped rebar set, stamped “RPLS 6578” at the
most Southerly Southeast corner of the herein described tract; FROM which a ½ inch rebar found at the
most Southerly Southeast corner of said Risland Mantua 555.801 ac. bears South 00 deg. 33 min. 34 sec.
East, 4,146.43 ft.;
THENCE South 32 deg. 09 min. 36 sec. West, over and across Risland Mantua 555.801 ac., a
distance of 1,399.64 ft. to a 1/2 inch capped rebar set, stamped “RPLS 6578” in the East right-of-way
line of U.S. Highway No. 75 and the West line of said Risland Mantua 555.801 ac., at the most
Southerly Southwest corner of the herein described tract;
THENCE in a Northeasterly direction, with the East line of said U.S. Highway No. 75 and West
lines of said Risland Mantua 555.801 ac., the following calls and distances:
1. North 09 deg. 09 min. 44 sec. East, a distance of 468.21 ft. to a 1/2 inch capped
rebar set, stamped “RPLS 6578”;
2. North 04 deg. 48 min. 32 sec. East, a distance of 166.27 ft. to a brass capped
monument found;
3. North 08 deg. 00 min. 27 sec. East, a distance of 570.88 ft. to a 5/8 inch rebar
found;
4. North 07 deg. 33 min. 49 sec. East, a distance of 204.07 ft. to a 1/2 inch capped
rebar set, stamped “RPLS 6578”;
5. North 04 deg. 56 min. 12 sec. East, a distance of 408.10 ft. to a 1/2 inch rebar
found;
6. North 08 deg. 50 min. 26 sec. East, a distance of 201.65 ft. to a 5/8 inch
aluminum capped rebar found;
7. North 03 deg. 46 min. 37 sec. West, a distance of 157.48 ft. to a 5/8 inch
aluminum capped rebar found;
8. North 02 deg. 24 min. 26 sec. East, a distance of 297.71 ft. to a 5/8 inch rebar
found;
9. North 01 deg. 17 min. 34 sec. West, a distance of 373.25 ft. to a 5/8 inch rebar
found;
10. North 03 deg. 24 min. 38 sec. East, a distance of 157.01 ft. to a 5/8 inch rebar
found;
Page 2 of 3
11. North 10 deg. 51 min. 17 sec. East, a distance of 626.29 ft. to a 5/8 inch rebar
found;
12. North 39 deg. 04 min. 49 sec. East, a distance of 143.29 ft. to a 5/8 inch rebar
found;
13. North 08 deg. 29 min. 33 sec. East, a distance of 132.69 ft. to a 5/8 inch
aluminum capped rebar found;
14. South 88 deg. 41 min. 18 sec. East, a distance of 29.74 ft. to a 5/8 inch
aluminum capped rebar found;
15. North 01 deg. 36 min. 08 sec. East, a distance of 109.73 ft. to a 5/8 inch
aluminum capped rebar found;
16. North 88 deg. 24 min. 26 sec. West, a distance of 31.11 ft. to a 5/8 inch
aluminum capped rebar found;
17. North 06 deg. 46 min. 11 sec. West, a distance of 159.76 ft. to a 1/2 inch capped
rebar found, stamped “RPLS 6578”;
18. North 34 deg. 41 min. 30 sec. West, a distance of 153.89 ft. to a 5/8 inch
aluminum capped rebar found;
19. North 06 deg. 06 min. 32 sec. West, a distance of 469.93 ft. to a 5/8 inch
aluminum capped rebar found;
20. North 14 deg. 15 min. 34 sec. West, a distance of 166.73 ft. to a 5/8 inch
aluminum capped rebar found;
21. North 00 deg. 20 min. 02 sec. East, a distance of 570.00 ft. to a 5/8 inch
aluminum capped rebar found;
22. North 02 deg. 17 min. 36 sec. East, a distance of 48.36 ft. to a ½ inch capped
rebar set, stamped “RPLS 6578” at the most Northerly Northwest corner of the
herein described tract, FROM which a 5/8 inch aluminum capped rebar found
at an angle point of said U.S. Highway No. 75 bears North 02 deg. 17 min. 36
sec. East, 331.91 ft.;
THENCE North 88 deg. 46 min. 19 sec. East, over and across said Risland Mantua
555.801 ac., a distance of 473.58 ft. to a 1/2 inch rebar found at the most Westerly Northwest
corner of the “called” 60.94 acre tract of land conveyed to LHJH Properties, Ltd., recorded in
Instrument No. 20061003001424620, said Official Public Records, an Ell corner of said
Mantua 555.801 ac. and the most Northerly Northeast corner of the herein described tract;
THENCE South 00 deg. 57 min. 02 sec. East, with a West line of said LHJH Properties “called”
60.94 ac., an East line of said Risland Mantua 555.801 ac., entering the pavement of County Road 374
and continuing with the pavement, a distance of 913.62 ft. to a PK nail set at an angle point;
THENCE South 00 deg. 56 min. 52 sec. East, continuing with the pavement of said County Road
374, a West line of said LHJH Properties “called” 60.94 ac. and an East line of said Risland Mantua
555.801 ac., a distance of 689.52 ft. to a 1/2 inch rebar found at the centerline intersection of said County
Road 374 with Mantua Road, a public road, at the most Westerly Southwest corner of said LHJH
Properties “called” 60.94 ac., at an Ell corner of both said Risland Mantua 555.801 ac. and the herein
described tract;
THENCE South 89 deg. 39 min. 31 sec. East, with the pavement of said Mantua Road, a South
line of said LHJH Properties “called” 60.94 ac. and a North line of said Risland Mantua 555.801 ac.,
leaving the pavement of said Mantua Road and continuing on said course for a distance of 755.15 ft. to a
1/2 inch rebar found at an Ell corner of said LHJH Properties “called” 60.94 ac. and a Northeast corner of
said Risland Mantua 555.801 ac., at the most Easterly Northeast corner of the herein described tract;
THENCE South 01 deg. 06 min. 31 sec. West, with a West line of said LHJH Properties “called”
60.94 ac., an East line of said Risland Mantua 555.801 ac., re-entering of the pavement of said Mantua
Road, continuing with and leaving the pavement of the same and continuing, passing the most Southerly
Southwest corner of said LHJH Properties “called” 60.94 ac. and the Northwest corner of said LHJH
Page 3 of 3
Properties 42.81 ac. and continuing now with a West line of said LHJH Properties 42.81 ac. for a
distance of 2,239.97 ft. to the PLACE OF BEGINNING and containing 92.667 ACRES of land.
September 8
Exhibit A-3 Thornton Tract
BEING a tract of land situated in the Joseph Britton Survey Survey, Abstract No. 72, Collin
County, Texas, and being all of a called 103-acre tract of land described in a deed to The Thornton
Family Trust, recorded in Instrument No. 20210430000877560, Official Public Records, Collin
County, Texas, and being more particularly described by metes and bounds as follows:
BEGINNING at a 1/2-inch iron rod found for the southeast corner of said 103-acre tract, common
to the westernmost southwest corner of a called 694.344-acre tract of land described as Tract
One in a deed to Liberty 800, LP, recorded in Instrument No. 2023000025691, said Official Public
Records, common to the northwest corner of a called 52.771-acre tract of land described in a
deed to Janis Real Estate, recorded in Instrument No. 2022040000632060, said Official Public
Records, common to the northeast corner of a called 103.991-acre tract of land described in a
deed to Mohammad Ali Monouchehripour, recorded in Volume 5200, Page 5012, Land Records,
Collin County, Texas, same also being in County Road No. 290 (public use right-of-way, no record
found);
THENCE South 89°51'39" West, departing said County Road No. 290 and with the common line
of said 103-acre tract and said 103.991-acre tract, a distance of 1,815.28 feet to a 1/2-inch iron
rod with plastic cap “Illegible” found for the northwest corner of said 103.991-acre tract, common
to the northeast corner of a called 11.000-acre tract of land described in a deed to Mathew T.
Benton, et ux, recorded in Instrument No. 20170316000337930, said Official Public Records;
THENCE South 89°46'58" West, with the common line of said 103-acre tract and said 11.000-
acre tract, a distance of 491.25 feet to a 5/8-inch iron rod with red plastic cap stamped “KHA” set
for the southwest corner of said 103-acre tract;
THENCE North 01°49'44" East, departing the northerly line of said 11.000-acre tract and with the
westerly line of said 103-acre tract and the easterly lines of a called 10.000-acre tract of land
described in a deed to Angela Reston, recorded in Instrument No. 20130816001163630, said
Official Public Records, and a called 45.002-acre tract of land described in a deed to Angela
Reston, recorded in Instrument No. 20130816001163610, said Official Public Records, and
generally along the center of County Road No. 289 (public use right-of-way, no record found), a
distance of 617.13 feet to a PK nail set for corner;
THENCE North 00°56'55" East, continuing with the westerly line of said 103-acre tract and the
easterly line of said 45.002-acre tract, and with the easterly line of a called 25.2172-acre tract of
land described in a deed to Shawn C. & Latricia G. Smith, recorded in Instrument No.
20210112000065970, said Official Public Records, and continuing generally along the center of
said County Road No. 289, a distance of 751.13 feet to a PK nail set for corner;
THENCE North 00°23'27" West, continuing with the westerly line of said 103-acre tract and the
easterly line of said 25.2172-acre tract, and with the easterly line of a called 9.213-acre tract of
land described in a deed to Timothy J. Kennedy and Thomas W. Kennedy, recorded in Instrument
No. 20140814000866610, said Official Public Records, and continuing generally along the center
of said County Road No. 289, a distance of 628.28 feet to a PK nail set for the northwest corner
of said 103-acre tract, common to the southwest corner of a called 105-acre tract of land described
in a deed to The Thornton Family Trust, recorded in Instrument No. 20210430000877690, said
Official Public Records;
THENCE North 89°12'22" East, departing the easterly line of said 9.213-acre tract and said
County Road No. 289, and with the northerly line of said 103-acre tract and the southerly lines of
said 105-acre tract and a called 40-acre tract of land described in a deed to The Thornton Family
Trust, recorded in Instrument No. 20210430000877470, said Official Public Records, and a called
2304.493-acre tract of land described as Tract F in a deed to Risland Mantua, LLC, recorded in
Instrument No. 20180625000783630, said Official Public Records and in Instrument No. 2018-
14251, Official Public Records, Grayson County, Texas, and generally along the center of County
Road No. 1101 (public use right-of-way, no record found), a distance of 2,235.58 feet to a PK nail
set for the northeast corner of said 103-acre tract, common an angle point in the southerly line of
said Tract F, same being on the westerly line of a called 10.669-acre tract of land described in a
deed to Delmore A.M. Church and Joyce Church, recorded in Volume 702, Page 585, said Land
Records, same also being the intersection of said County Road No. 1101 and the aforementioned
County Road No. 290;
THENCE South 01°14'56" East, departing the southerly line of said Tract F and with the common
line of said 103-acre tract and said 10.669-acre tract, and generally along the center of said
County Road No. 290, a distance of 890.33 feet to a PK nail set for the southwest corner of said
10.669-acre tract, common to the westernmost northwest corner of the aforementioned Tract
One, from which a PK nail found for witness bears North 75°05'07” West, 1.12 feet;
THENCE South 01°12'42" East, with the common line of said 103-acre tract and said Tract One,
and continuing generally along the center of said County Road No. 290, a distance of 1,130.95
feet to the POINT OF BEGINNING and containing 4,544,381 square feet or 104.325 acres of
land, more or less.
Exhibit A-4 Janis RE Tract
BEING a tract of land situated in the Zachariah Roberts Survey, Abstract No. 760, City of Anna,
Collin County, Texas, and being all of a called 52.771-acre tract of land, described in a Warranty
Deed to Janis Real Estate, recorded in Instrument No. 20220420000632060 of the Official Public
Records of Collin County, Texas, and being more particularly described as follows:
BEGINNING at a 1/2-inch iron rod found in County Road 290, an apparent public use right of
way, no record found, for the northwest corner of said 52.771-acre tract, same being the westerly,
southwest corner of Tract One (called 694.334-acres), described in a deed to Liberty 800, LP,
recorded in Instrument No. 2023000025691 of the Official Public Records of Collin County, Texas
THENCE North 88°29'13" East, departing said County Road 290, along the northerly line of said
52.771-acre tract and a southerly line of said Tract One (called 694.334-acres), passing at a
distance of 22.66 feet, a found 1/2-inch iron rod, passing at a distance of 1,915.36 feet, a found
5/8-inch iron rod, continuing for a total distance of 1,940.95 feet to a point for corner in an
unnamed stream;
THENCE in a southeasterly direction, along a southwesterly line of said Tract One (called
694.334-acres), and along the meanders of said stream, the following:
South 33°10'55" East, a distance of 12.05 feet to a point for corner;
North 77°29'33" East, a distance of 63.05 feet to a point for corner;
South 31°24'12" East, a distance of 45.14 feet to a point for corner;
South 20°44'38" West, a distance of 41.43 feet to a point for corner;
South 51°05'09" East, a distance of 29.42 feet to a point for corner;
South 74°15'03" East, a distance of 25.54 feet to a point for corner;
North 89°23'21" East, a distance of 70.37 feet to a point for corner;
South 23°39'03" East, a distance of 52.95 feet to a point for corner;
South 67°42'02" East, a distance of 33.33 feet to a point for corner;
North 87°34'10" East, a distance of 28.77 feet to a point for corner;
North 72°45'56" East, a distance of 40.53 feet to a point for corner;
North 61°06'37" East, a distance of 35.06 feet to a point for corner;
North 70°57'23" East, a distance of 52.73 feet to a point for corner;
South 45°16'16" East, a distance of 161.75 feet to a point for corner;
South 78°02'53" East, a distance of 43.16 feet to a point for corner;
South 48°41'18" East, a distance of 61.75 feet to a point for corner;
South 26°20'00" East, a distance of 52.30 feet to a point for corner;
South 41°31'56" East, a distance of 71.58 feet to a point for corner;
South 61°04'09" East, a distance of 43.45 feet to a point for corner;
South 74°50'18" East, a distance of 51.31 feet to a point for corner;
South 67°40'27" East, a distance of 74.73 feet to a point for corner;
North 78°02'05" East, a distance of 27.52 feet to a point for corner;
North 55°10'00" East, a distance of 27.35 feet to a point for corner;
South 43°24'18" East, a distance of 52.01 feet to a point for corner;
South 11°56'26" East, a distance of 54.70 feet to a point for corner;
South 35°23'19" East, a distance of 27.58 feet to a point for corner;
North 76°58'39" East, a distance of 33.36 feet to a point for corner;
South 74°58'05" East, a distance of 33.79 feet to a point for corner;
North 84°50'03" East, a distance of 47.01 feet to a point for corner;
South 67°01'29" East, a distance of 30.31 feet to a point for corner;
South 25°25'26" East, a distance of 47.54 feet to a point for corner;
South 83°06'16" East, a distance of 148.71 feet to a point for corner;
South 27°26'38" East, a distance of 22.31 feet to a point for corner;
South 20°24'50" West, a distance of 33.05 feet to a point for corner;
South 81°00'45" West, a distance of 25.03 feet to a point for corner;
South 22°14'44" West, a distance of 25.85 feet to a point for corner;
South 71°22'19" East, a distance of 21.59 feet to a point for corner;
South 17°12'14" East, a distance of 18.36 feet to a point for corner;
South 43°03'46" West, a distance of 28.01 feet to a point for corner;
South 77°43'43" West, a distance of 16.69 feet to a point for corner;
South 53°06'48" West, a distance of 15.77 feet to a point for corner;
South 13°04'46" East, a distance of 18.22 feet to a point for corner;
South 86°18'51" East, a distance of 19.60 feet to a point for corner;
North 64°02'23" East, a distance of 41.91 feet to a point for corner;
South 87°03'39" East, a distance of 12.89 feet to a point for corner;
South 44°49'18" East, a distance of 31.14 feet to a point for corner;
South 72°20'36" East, a distance of 44.01 feet to a point for corner;
South 10°24'46" East, a distance of 17.30 feet to a point for corner;
South 50°40'12" West, a distance of 42.51 feet to a point for corner;
South 26°45'33" West, a distance of 14.91 feet to a point for corner;
South 22°54'12" East, a distance of 86.03 feet to a point for corner;
North 68°54'13" East, a distance of 27.87 feet to a point for corner;
South 83°50'31" East, a distance of 22.51 feet to a point for corner;
South 55°20'43" East, a distance of 26.96 feet to a point for corner;
South 30°12'42" West, a distance of 86.18 feet to a point for corner;
South 18°54'48" East, a distance of 46.25 feet to a point for corner;
South 70°40'03" East, a distance of 3.83 feet to the southeast corner of said 52.771-acre
tract, same being on the northerly line of a called 48.900-acre tract of land described in a
deed to Donna Gail Peeler, recorded in Volume 4972, Page 5535 of the Land Records of
Collin County, Texas;
THENCE South 88°38'34" West, departing said stream, along the southerly line of said 52.771-
acre tract and the northerly line of said 48.900-acre tract, a distance of 1,014.81 feet to a 1/2-inch
iron rod with a plastic cap, stamped “PRECISE LAND SURVEY” found for a southwest corner of
said 52.771-acre tract;
THENCE North 05°10'28" East, departing the northerly line of said 48.900-acre tract and along
an easterly line of said 52.771-acre tract, a distance of 536.25 feet to a 5/8-inch iron rod with a
plastic cap, stamped “NTS” found for a corner;
THENCE South 88°39'14" West, along a southerly line of said 52.771-acre tract, a distance of
644.48 feet to a 1/2-inch iron rod with a plastic cap, stamped “PRECISE LAND SURVEY” found
for corner;
THENCE South 03°09'12" East, along an easterly line of said 52.771-acre tract, a distance of
467.12 feet to a 1/2-inch iron rod with an unreadable plastic cap found for corner;
THENCE South 88°38'34" West, along a southerly line of said 52.771-acre tract, a distance of
1,253.06 feet to a 5/8-inch iron rod with a plastic cap, stamped “NTS” found for corner;
THENCE North 00°58'35" West, along an easterly line of said 52.771-acre tract, a distance of
606.39 feet to a 5/8-inch iron rod with a plastic cap, stamped “NTS” found for corner;
THENCE South 89°01'25" West, along a southerly line of said 52.771-acre tract, a distance of
455.00 feet to a MAG Nail found for the westerly, southwest corner of said 52.771-acre tract,
same being in aforesaid County Road 290;
THENCE North 00°58'35" West, along the westerly line of said 52.771-acre tract and along said
County Road 290, a distance of 389.53 feet to the POINT OF BEGINNING and containing 52.750
acres (2,297,787 square feet) of land, more or less.
Exhibit A-5 Jay and Irene Janis Tract (16 ac)
BEING a tract of land situated in the Zachariah Roberts Survey, Abstract No. 760, City of Anna,
Collin County, Texas, and being a portion of a called 68.835-acre tract of land, described in a
Warranty Deed, recorded in County Clerk’s File No. 96-0069284 of the Official Public Records of
Collin County, Texas, and being more particularly described as follows:
BEGINNING at a MAG nail found in County Road 290, an apparent public use right of way, no
record found, for the southwest corner of said 52.771-acre tract, same being the northwest corner
of a called 48.900-acre tract of land described in a deed to Donna Gail Peeler, recorded in Volume
4972, Page 5535 of the Land Records of Collin County, Texas;
THENCE North 00°58'35" West, along the westerly line of said 68.835-acre tract and along said
County Road 290, a distance of 675.42 feet to a MAG Nail found for the westerly, southwest
corner of a called 52.771-acre tract of land, described in a Warranty Deed to Janis Real Estate,
recorded in Instrument No. 20220420000632060 of the Official Public Records of Collin County,
Texas;
THENCE North 89°01'25" East, departing the westerly line of said 68.835-acre tract and said
County Road 290, along a southerly line of said 52.772-acre tract, a distance of 455.00 feet to a
5/8-inch iron rod with a plastic cap, stamped “NTS” found for corner;
THENCE South 00°58'35" East, along an easterly line of said 52.771-acre tract, a distance of
606.39 feet to a 5/8-inch iron rod with a plastic cap, stamped “NTS” found for corner;
THENCE North 88°38'34" East, along a southerly line of said 52.771-acre tract, a distance of
1,253.06 feet to a 1/2-inch iron rod with an unreadable plastic cap found for corner;
THENCE North 03°09'12" West, along an easterly line of said 52.771-acre tract, a distance of
467.12 feet to a 1/2-inch iron rod with a plastic cap, stamped “PRECISE LAND SURVEY” found
for corner;
THENCE North 88°39'14" East, along a southerly line of said 52.771-acre tract, a distance of
644.48 feet to a 5/8-inch iron rod with a plastic cap, stamped “NTS” found for corner;
THENCE South 05°10'28" West, along an easterly line of said 52.771-acre tract, a distance of
536.25 feet to a 1/2-inch iron rod with a plastic cap, stamped “PRECISE LAND SURVEY” found
for a southwest corner of said 52.771-acre tract, same being on the southerly line of said 68.835-
acre tract and the northerly line of said 48.900-acre tract;
THENCE South 88°38'34" West, along the southerly line of said 68.835-acre tract and the
northerly line of said 48.900-acre tract, a distance of 2,277.35 feet to the POINT OF BEGINNING
and containing 16.348 acres (712,115 square feet) of land, more or less.
Liberty Hills Economic Development Agreement
EXHIBIT A-2
METES AND BOUNDS DESCRIPTION OF CHURCH TRACT PROPERTY
A-1
EXHIBIT A-2
Legal Description
BEING A 10.815 ACRE TRACT OF LAND SITUATED IN THE Z. ROBERTS SURVEY,
ABSTRACT NO. 760 AND BEING ALL OF A 10.669 ACRE TRACT OF LAND
CONVEYED TO DELMORE A.M. CHURCH AND WIFE, JOYCE CHURCH, AS
RECORDED IN VOLUME 702, PAGE 585, DEED RECORDS, COLLIN COUNTY
TEXAS. SAID 10.815 ACRE TRACT, WITH BEARING BASIS BEING GRID NORTH,
TEXAS STATE PLANE COORDINATES, NORTH CENTRAL ZONE NAD83,
DETERMINED BY GPS OBSERVATIONS UTILIZING THE ALLTERRA RTKNET, AND
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING AT A PK NAIL FOUND FOR THE NORTHEAST CORNER OF SAID
10.669 ACRE TRACT AND A COMMON EXTERIOR ELL CORNER OF A 694.344
ACRE TRACT OF LAND CONVEYED AS “TRACT 1” TO LIBERTY 800, LP AS
RECORDED IN COUNTY CLERK’S FILE NO. 2023000025691, OFFICIAL PUBLIC
RECORDS, COLLIN COUNTY, TEXAS. SAID POINT BEING IN THE SOUTH LINE OF
A 666.61 ACRE TRACT OF LAND CONVEYED TO MM MANTUA 701, LLC., AS
RECORDED IN COUNTY CLERK’S FILE NO. 2024000100812, OFFICIAL PUBLIC
RECORDS, COLLIN COUNTY, TEXAS AND BEING IN THE APPROXIMATE CENTER
OF COUNTY ROAD NO. 290 (A PRESCRIPTIVE RIGHT-OF-WAY);
THENCE, ALONG THE COMMON LINES OF SAID 10.669 ACRE TRACT AND SAID
694.344 ACRE TRACT, THE FOLLOWING COURSES AND DISTANCES:
SOUTH 01 DEGREES 22 MINUTES 47 SECONDS EAST, A DISTANCE OF
252.40 FEET TO A PK NAIL FOUND FOR CORNER;
SOUTH 86 DEGREES 38 MINUTES 40 SECONDS WEST, A DISTANCE OF
588.13 FEET TO A 1/2 INCH IRON ROD FOUND FOR CORNER;
SOUTH 01 DEGREES 39 MINUTES 17 SECONDS EAST, A DISTANCE OF
628.29 FEET TO A 1/2 INCH IRON ROD WITH CAP STAMPED “RPLS 6578”
FOUND FOR CORNER;
NORTH 88 DEGREES 23 MINUTES 21 SECONDS WEST, A DISTANCE OF
354.21 FEET TO A PK NAIL FOUND FOR THE SOUTHWEST CORNER OF
SAID 10.669 ACRE TRACT AND A COMMON EXTERIOR ELL CORNER OF
SAID 694.344 ACRE TRACT. SAID POINT BEING IN THE EAST LINE OF A
103 ACRE TRACT OF LAND CONVEYED TO JAMES R. THORNTON AND
LAURIE L. THORNTON, TRUSTEE OF THE THORNTON FAMILY TRUST, AS
RECORDED IN COUNTY CLERK’S FILE NO. 20210430000877560, OFFICIAL
PUBLIC RECORDS, COLLIN COUNTY, TEXAS AND BEING IN THE
APPROXIMATE CENTER OF AFORESAID COUNTY ROAD NO. 290;
A-2
THENCE, NORTH 00 DEGREES 55 MINUTES 17 SECONDS WEST, ALONG THE
WEST LINE OF SAID 10.669 ACRE TRACT, THE COMMON EAST LINE OF SAID 103
ACRE TRACT AND WITH SAID COUNTY ROAD NO. 290, A DISTANCE OF 890.14
FEET TO A POINT THE NORTHEAST CORNER OF SAID 103 ACRE TRACT AND A
COMMON EXTERIOR ELL CORNER OF AFORESAID 666.61 ACRE TRACT. SAID
POINT BEING IN THE APPROXIMATE INTERSECTION OF SAID COUNTY ROAD
NO. 290 AND COUNTY ROAD NO. 1101 (A PRESCRIPTIVE RIGHT-OF-WAY);
THENCE, NORTH 00 DEGREES 55 MINUTES 17 SECONDS WEST, ALONG THE
WEST LINE OF SAID 10.669 ACRE TRACT AND A COMMON EASTERLY LINE OF
SAID 666.61 ACRE TRACT AND WITH SAID COUNTY ROAD NO. 290, A DISTANCE
OF 5.80 FEET TO A POINT FOR THE NORTHWEST CORNER OF SAID 10.669
ACRE TRACT AND A COMMON INTERIOR ELL CORNER OF SAID 666.61 ACRE
TRACT;
THENCE, NORTH 89 DEGREES 26 MINUTES 47 SECONDS EAST, ALONG THE
NORTH LINE OF SAID 10.669 ACRE TRACT, THE COMMON SOUTH LINE OF SAID
666.61 ACRE TRACT AND WITH SAID COUNTY ROAD NO. 290, A DISTANCE OF
931.42 FEET TO THE POINT OF BEGINNING AND CONTAINING A CALCULATED
AREA OF 471,113 SQUARE FEET OR 10.815 ACRES OF LAND.
THIS DOCUMENT WAS PREPARED UNDER 22 TAC 663.21, DOES NOT REFLECT
THE RESULTS OF AN ON THE GROUND SURVEY, AND IS NOT TO BE USED TO
CONVEY OR ESTABLISH INTERESTS IN REAL PROPERTY EXCEPT THOSE
RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BY THE CREATION OR
RECONFIGURATION OF THE BOUNDARY OF THE POLITICAL SUBDIVISION FOR
WHICH IT WAS PREPARED.
Liberty Hills Economic Development Agreement
EXHIBIT B-1
DEVELOPER STANDRIDGE BOULEVARD PORTION
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0 300 600
LJA Engineering, Inc.
EXHIBIT B-1
SHEET 1 OF 2
STANDRIDGE BOULEVARD
6060 North Central Expressway
Suite 400
Dallas, Texas 75206
Phone 469.621.0710
FRN - F-1386
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LJA Engineering, Inc.
EXHIBIT B-1
SHEET 2 OF 2
STANDRIDGE BOULEVARD
6060 North Central Expressway
Suite 400
Dallas, Texas 75206
Phone 469.621.0710
FRN - F-1386
Liberty Hills Economic Development Agreement
EXHIBIT B-2
MANTUA PARKWAY ROAD IMPROVEMENTS, MAJOR WATER LINE, MAJOR
WATER LINE EASEMENTS, TRUNK LINE EASEMENTS
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LJA Engineering, Inc.
EXHIBIT B-2
SHEET 1 OF 2
MANTUA PARKWAY & MAJOR
UTILITY IMPROVEMENTS
6060 North Central Expressway
Suite 400
Dallas, Texas 75206
Phone 469.621.0710
FRN - F-1386
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LJA Engineering, Inc.
EXHIBIT B-2
SHEET 2 OF 2
MANTUA PARKWAY & MAJOR
UTILITY IMPROVEMENTS
6060 North Central Expressway
Suite 400
Dallas, Texas 75206
Phone 469.621.0710
FRN - F-1386
Liberty Hills Economic Development Agreement
EXHIBIT C
CERTIFICATION FOR PAYMENT NO. ___
The undersigned is an agent for VC Liberty Hills, LLC (the “Developer”) and certifies to
the City of Anna, Texas (the “City”) in the following amounts have been incurred for labor,
materials, fees, and/or other general costs related to the construction and installation of the
following Eligible Infrastructure related to the Project:
[insert specific Eligible Infrastructure this request is for here]
Description of Eligible
Infrastructure
Total Costs of Eligible
Infrastructure
Total
All capitalized terms not otherwise defined herein shall have the meaning given to such
term in that certain Liberty Hills Economic Development Agreement, entered into as of
_________, 2025, by and between the City and VC Liberty Hills, LLC, a Delaware limited liability
company (the “Economic Development Agreement”).
The Developer represents and warrants to the City as follows:
1. The undersigned is a duly authorized officer of the Developer, is qualified to execute this
Certification for Payment on behalf of the Developer, and is knowledgeable as to the
matters set forth herein.
2. The payment requested herein for the Eligible Infrastructure has not been the subject of
any prior Certification for Payment submitted for the same work to the City.
3. The itemized amounts listed for the Eligible Infrastructure below are a true and accurate
representation of the actual costs incurred by the Developer with the construction and
installation of said Eligible Infrastructure, and such costs in compliance with the
Development Agreement.
4. The Developer is in compliance with the terms and provisions of the Economic
Development Agreement.
5. The work with respect to the Eligible Infrastructure identified above (or its completed
segment, portion or segment) has been completed and the City has inspected or may begin
inspection of the Eligible Infrastructure (or completed segment, portion or segment) and
confirm that said work has been completed in accordance with the Development
Agreement.
Liberty Hills Economic Development Agreement
6. The Developer agrees to cooperate with the City in conducting its review of the requested
payment, and agrees to provide additional information and documentation as is reasonably
necessary for the City to complete said review.
Attached hereto, are receipts, purchase orders, change orders, and similar instruments which
support and validate the above requested payments and costs incurred in the construction and
installation of the Eligible Infrastructure.
DEVELOPER:
VC LIBERTY HILLS, LLC,
a Delaware limited liability company
By:______________________________
Name: ___________________________
Title: ____________________________
[Note: Insert attachments]
Liberty Hills Economic Development Agreement
EXHIBIT D
REQUEST FOR PAYMENT
The undersigned is an agent for VC Liberty Hills, LLC (the “Developer”) and requests
payment from the City of Anna, Texas (the “City”) in the following amounts from funds available
in [the City PID Fee Account] [and] [the Liberty Hills Impact Fee Account] in the amounts set
forth on Schedule I attached hereto for labor, materials, fees, and/or other general costs related to
the acquisition, construction and installation of the following Eligible Infrastructure related to the
Project
All capitalized terms not otherwise defined herein shall have the meaning given to such
term in that certain Liberty Hills Economic Development Agreement, entered into as of
_________, 2025, by and between the City and VC Liberty Hills, LLC, a Delaware limited liability
company (the “Economic Development Agreement”).
In connection to the above referenced payment request, the Developer represents and
warrants to the City as follows:
7. The undersigned is a duly authorized officer of the Developer, is qualified to execute this
Request for Payment on behalf of the Developer, and is knowledgeable as to the matters
set forth herein.
8. The itemized amounts listed for the Eligible Infrastructure below are a true and accurate
representation of the actual costs incurred by the Developer as provided in the applicable
Certification for Payment.
9. The Developer is in compliance with the terms and provisions of the Economic
Development Agreement.
10. The Developer agrees to cooperate with the City in conducting its review of the requested
payment, and agrees to provide additional information and documentation as is reasonably
necessary for the City to complete said review.
11. The City is hereby instructed to provide payment of to the following payee(s) pursuant to
the attached wiring instructions. [Note: Insert wiring instructions]
DEVELOPER:
VC LIBERTY HILLS, LLC,
a Delaware limited liability company
By:______________________________
Name: ___________________________
Title: ____________________________
Liberty Hills Economic Development Agreement
SCHEDULE I
[insert specific Eligible Infrastructure this request is for here]
Description of
Eligible
Infrastructure
Applicable
Certification
for Payment
Evidencing
Actual Costs
Total
Actual
Costs
Date of City
Acceptance
of Applicable
Eligible
Infrastructure
Amounts
Previously
Reimbursed
Accrued
Interest on
outstanding
Amounts to
be
Reimburse
Amounts
Previously
Paid from
City PID
Fee
Accoun
Amounts
Requested
from City
PID Fee
Account
Amounts
Previously
Paid from
Liberty Hills
Impact Fee
Accoun
Amounts
Requested
from Liberty
Hills Impact
Fee Account
Total
Amount
Requested
[Certification
for Payment
o. ]
Total
Item No. 7.v.
City Council Agenda
Staff Report
Meeting Date: 12/9/2025
Staff Contact: Carrie Land
AGENDA ITEM:
Consider/Discuss/Action on a Resolution casting votes for the Collin CAD Board of
Directors. (City Secretary Carrie Land)
SUMMARY:
At the November 17, 2025 meeting, the City Council requested additional information
regarding the candidates. Staff contacted the Collin CAD office, which confirmed that no
further information is available. There is one incumbent candidate, Jerry Tartaglino.
The City of Anna has 11 votes to cast. All votes may be cast for one candidate or
distributed among any number of the candidates listed on the official ballot. The
deadline to submit the complete ballot to Collin CAD is December 12, 2025.
FINANCIAL IMPACT:
This item has no financial impact.
BACKGROUND:
Title of Event: Taxing Units Cast Their Votes
Deadline: Before December 15th, (December 15th falls on a Monday). Deadline for
delivery of voting Resolution, received by the chief appraiser, is end-of-day
December 12, 2025.
Action: Taxing unit determines its votes in public session by Resolution.
Special Action (Tax Code Amendment): Taxing Unit’s with 5% or more of the total votes
MUST determine their votes by Resolution adopted at the FIRST or SECOND OPEN
meeting of the governing body held after the Chief Appraiser delivers the ballot and the
Resolution must be submitted to the chief appraiser not later than the THIRD day
following the date the Resolution was adopted. Taxing units with 250 or more votes are
affected by this Tax Code change. Responsible for Action: Governing body of each
entity and entity’s presiding officer. Tax Code: 6.03 (g), 6.03 (k and k-1 effective 1-1-
2022)
Summary of Action: The governing body of each taxing unit entitled to vote shall
determine its vote by Resolution. If an entity marks their votes next to the nominees
name on the Ballot received from the Chief Appraiser, the marked Ballot must have an
accompanying Resolution adopted in a public meeting determining the tax unit’s votes.
The Resolution adopted in an open meeting of the taxing unit, or a copy of marked
Ballot accompanied by the taxing unit’s Resolution must be received by the Chief
Appraiser by end-of-day December 12, 2025. Taxing units with 250 or more votes,
please refer to the “Special Action (Tax Code Amendment)” section above concerning
the deadlines for adopting your Resolution and submitting the Resolution to the Chief
Appraiser.
STRATEGIC CONNECTIONS:
This item has no strategic connection.
ATTACHMENTS:
1. Res 2025-11- Voting for Collin CAD BOD
2. Anna City Ballot
3. 2026 Collin CAD Board of Directors Election Vote Allocation
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS,
VOTING FOR A CANDIDATE OR CANDIDATES FOR THE BOARD OF
DIRECTORS FOR ELECTION OF COLLIN CENTRAL APPRAISAL DISTRICT.
WHEREAS, The City of Anna, Texas has 11 votes to cast in the election of the Board of
Directors for the Collin Central Appraisal District; and
WHEREAS, The City Council may vote for 1 to 11 candidates;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. The City Council of the City of Anna, Texas votes for the following
candidate(s) to the Collin Central Appraisal District Board of Directors:
PASSED by the City Council of the City of Anna, Texas, on this 17th day
of November 2025.
APPROVED:
ATTEST: Mayor Pete Cain
City Secretary Carrie L. Land
ALLEN CITY 46
ALLEN ISD 119
ANNA CITY 11
ANNA ISD 25
BLAND ISD 0
BLUE RIDGE CITY 0
BLUE RIDGE ISD 3
CARROLLTON CITY 1
CELINA CITY 24
CELINA ISD 35
COLLIN COUNTY 186
COLLIN COUNTY COLLEGE DISTRICT 93
COMMUNITY ISD 18
DALLAS CITY 27
FAIRVIEW CITY 5
FARMERSVILLE CITY 2
FARMERSVILLE ISD 8
FRISCO CITY 70
FRISCO ISD 233
GARLAND CITY 0
JOSEPHINE CITY 1
LAVON CITY 3
LEONARD ISD 0
LOVEJOY ISD 25
LOWRY CROSSING CITY 0
LUCAS CITY 3
MCKINNEY CITY 88
MCKINNEY ISD 151
MELISSA CITY 10
MELISSA ISD 29
MURPHY CITY 7
NEVADA CITY 0
NEW HOPE CITY 0
PARKER CITY 3
PLANO CITY 125
PLANO ISD 352
PRINCETON CITY 10
PRINCETON ISD 32
PROSPER TOWN 20
PROSPER ISD 115
RICHARDSON CITY 28
ROCKWALL ISD 0
ROYSE CITY 1
ROYSE CITY ISD 2
SACHSE CITY 5
ST. PAUL CITY 0
TRENTON ISD 0
VAN ALSTYNE CITY 0
VAN ALSTYNE ISD 1
WESTON CITY 1
WHITEWRIGHT ISD 0
WYLIE CITY 22
WYLIE ISD 60
TOTALS 2000
2025 ALLOCATION OF VOTES
BOARD OF DIRECTORS APPOINTMENT
ENTITY NAME # OF VOTES
ALLOCATED
NOTE: ELIGIBILITY OF VOTING ENTITIES AND CALCULATIONS
PER SECTION 6.03 OF THE TEXAS PROPERTY TAX CODE.
PERCENTAGE OF TAX LEVY CALCULATIONS ARE BASED ON THE
JULY 24, 2025 CERTFIED ROLL, TIMES THE 2025 TAX RATE,
DIVIDED BY THE TOTAL CALCULATED TAX LEVY FOR ALL TAXING
UNITS.
Item No. 7.w.
City Council Agenda
Staff Report
Meeting Date: 12/9/2025
Staff Contact: Carrie Land
AGENDA ITEM:
Consider/Discuss/Action on appointments to Boards and Commissions (Interview
Committee)
SUMMARY:
FINANCIAL IMPACT:
This item has no financial impact.
BACKGROUND:
Resolution 2025-08-1818 charges the Interview Committee with making
recommendations for board appointments.
The Committee met with all board chairs to discuss any attendance concerns, reviewed
the current application pool, and solicited additional applications. They conducted ten
interviews and evaluated and ranked each applicant for both vacant positions and
potential replacement appointments.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Excellent.
ATTACHMENTS:
Item No. 7.x.
City Council Agenda
Staff Report
Meeting Date: 12/9/2025
Staff Contact:
AGENDA ITEM:
Consider/Discuss/Action on the Mayor's Office at the Municipal Complex.
(Councilmember Singh)
SUMMARY:
FINANCIAL IMPACT:
BACKGROUND:
STRATEGIC CONNECTIONS:
ATTACHMENTS:
Item No. 10.
City Council Agenda
Staff Report
Meeting Date: 12/9/2025
Staff Contact:
AGENDA ITEM:
Adjourn.
SUMMARY:
FINANCIAL IMPACT:
BACKGROUND:
STRATEGIC CONNECTIONS:
ATTACHMENTS: